Simple neglect of duty: Ombudsman finds Archival guilty

CEBU, Philippines — The Office of the Ombudsman for the Visayas has found Cebu City Mayor Nestor Archival guilty of simple neglect of duty and imposed a fine equivalent to one month’s basic salary for allowing the Colon Street Night Market to operate without securing the necessary authorization from the Department of Public Works and Highways (DPWH), which has jurisdiction over national roads.

In a decision dated Aug. 25, 2026, the anti-graft office also sternly warned Archival that a repetition of the same omission would be dealt with more severely.

In a brief interview at City Hall, Archival said he would comply with the decision.

“I respect the decision of the Ombudsman. I will pay the fine and move forward,” Archival said.

The Ombudsman dismissed the administrative charges against the other respondents, City Treasurer Emma Villarete and then City Administrator Albert Tan, for lack of substantial evidence.

The case stemmed from a complaint filed by Cebu City Councilor Pastor “Jun” Alcover, who questioned the establishment, management and operation of the Colon Street Night Market in 2025.

Alcover alleged that the Cebu City Government allowed the Participative Association of Sugbo Vendors Inc. (PASVI), headed by Ibrahim “Mark” Dianalan, to operate the night market under a special permit, collect fees from vendors and retain the proceeds without sufficient legal authority.

He also alleged that the Garbo Asenso Sumbanan Alyansa sa Gugma (GASA) Board was not consulted, road closures extended beyond approved areas and periods, and the night market continued operating despite the expiration of initial permits and authorizations.

Alcover said he welcomed the ruling even though the Ombudsman did not grant all the reliefs he sought in his complaint.

“Okay na pud na, na-sampolan kaysa gi-junk ang complaint,” Alcover said.

The councilor said the ruling showed that his repeated concerns about the legality of the night market’s operations were not entirely without basis.

DPWH clearance required

The Ombudsman ruled that there was no sufficient basis to hold Archival liable for grave misconduct or gross neglect of duty, finding him liable only for simple neglect of duty.

It noted that the mayor’s approval of the night market was supported by a City Council resolution authorizing road closures, recommendations from local government offices and a legal opinion from the Cebu City Legal Office upholding the project’s validity.

The anti-graft body also ruled that issuing a special permit for the night market did not require public bidding because the arrangement did not involve government procurement or the lease of government property.

It likewise found merit in the respondents’ argument that the GASA Board had no jurisdiction over the project because the night market was a regulated commercial bazaar rather than informal sidewalk vending.

However, the Ombudsman identified shortcomings in the market’s operation, particularly the failure to secure the necessary authorization from the DPWH. A crucial finding in the decision was that Colon Street is classified by the DPWH as a national road.

As such, the Ombudsman said the city government should have coordinated with the DPWH and secured the necessary authorization or clearance before allowing the night market to operate along the street.

“With the foregoing, the City of Cebu should have coordinated with the DPWH as regards the establishment of the Colon Street Night Market. Necessary permit or clearance should have been secured in relation to the night market's operation. There is, however, no showing that these steps were observed under the circumstances,” the decision stated.

The Ombudsman also found that records indicated noncompliance with provisions of Cebu City Ordinance No. 2131 governing temporary road closures.

The ordinance limits temporary road closures to two days and requires requests to be submitted at least two months before the requested dates, according to the decision.

However, permits issued for the night market covered operations lasting weeks or months.

The Ombudsman also pointed to what appeared to be retroactive permits, including one issued on Sept. 1, 2025, for operations that began on Aug. 30, 2025, and another issued on Oct. 20, 2025, covering operations that started on Oct. 16, 2025.

“This should not have escaped respondent Mayor Archival's oversight considering that the BPLO is under the direct supervision of the Office of the Mayor,” the Ombudsman said.

Despite these findings, the anti-graft body ruled that the evidence did not establish corruption, bad faith, willful intent to violate the law or flagrant disregard of established rules necessary to sustain the more serious charges.

“Considering that the decision of respondent Mayor Archival to grant PASVI's special permit to operate the night market was made under the guidance of the legislative approval of the SP, the favorable recommendation of the local agencies and the legal affirmation of the City Legal Office, there exists no ground to hold him liable for Grave Misconduct and Gross Neglect of Duty,” the decision stated.

Still, the Ombudsman concluded that Archival failed to exercise the diligence required of him as local chief executive.

“Longstanding practice cannot and does not cure non-compliance with the law,” the decision said.

The anti-graft body further ruled that Archival’s failure to address the deficiencies reflected “carelessness and lack of due diligence in relation to the performance of his official duties as Mayor of Cebu City,” which “clearly” justified a finding of simple neglect of duty. — Preciosa Bacalso/FPL (FREEMAN)