Over inaction vs Monterrazas: Archival faces graft

CEBU, Philippines — Cebu City Mayor Nestor Archival is facing criminal and administrative complaints before the Office of the Ombudsman-Visayas over his alleged refusal to stop the Monterrazas de Cebu development project despite documented environmental violations, as well as his alleged undisclosed property interest in the high-end subdivision in Barangay Guadalupe.

Former journalist and Cebu City Coastline Management Board (CMB) official Ed Karlon Rama accused Archival of violating Sections 3(e) and 3(h) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, as well as grave misconduct, grave abuse of authority, and conduct prejudicial to the best interest of the service.

Rama, a Guadalupe resident, claimed that Archival and his spouse are registered owners of a 713-square-meter lot inside Monterrazas, valued at ?2.35 million.

The complainant argued that Archival’s repeated rejection of calls from residents, Vice Mayor Tomas Osmeña and the City Council to suspend development activities constitutes “manifest partiality” under Section 3(e) of RA 3019.

The provision penalizes public officials who, through manifest partiality, evident bad faith or gross inexcusable negligence, cause undue injury to any party or give unwarranted benefits, advantage or preference.

The complaint also accused Archival of violating Section 3(h), which prohibits public officials from intervening in matters in which they have a direct or indirect financial or pecuniary interest.

By publicly opposing the issuance of a cease-and-desist order (CDO) while allegedly holding property inside Monterrazas, the complainant said Archival directly intervened in a matter where he stood to benefit personally.

Rama cited jurisprudence, including Sison v. People, Henry T. Go v. Sandiganbayan and Duque III v. Veloso, to argue that Archival’s conduct eroded public trust and amounted to self-dealing.

The complaint seeks Archival’s preventive suspension and dismissal from the service, with forfeiture of benefits and perpetual disqualification from public office, as well as his criminal prosecution before the Sandiganbayan.

Grave misconduct is defined as transgression of established rules of action involving unlawful behavior or gross negligence, with elements of corruption or willful intent to violate the law.

The complaint further argues that Archival’s alleged undisclosed ownership of property inside Monterrazas, while repeatedly deciding on regulatory matters affecting the subdivision, violated Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.

His alleged failure to disclose his interest or recuse himself, the affidavit states, demonstrates a clear intent to disregard ethical standards and constitutes grave misconduct.

Grave abuse of authority, meanwhile, was described in the complaint as a misdemeanor committed by a public officer who wrongfully exercises the powers of office with cruelty, severity or excessive use of authority.

According to the complainant, Archival’s alleged refusal to issue a CDO, despite findings by the Department of Environment and Natural Resources (DENR) of violations and repeated appeals from the City Council, amounted to an excessive and self-serving use of authority.

By allegedly exercising his powers to protect his private property interest rather than public safety, the affidavit contends, Archival committed grave abuse of authority.

The complaint also charged Archival with conduct prejudicial to the best interest of the service, citing jurisprudence defining it as acts that tarnish the image and integrity of public office, whether or not they are directly related to official functions.

Archival’s alleged undisclosed property interest inside Monterrazas, coupled with his public defense of the project, was described as fostering public perception of self-dealing.

The affidavit stressed that the greater damage does not come only from financial loss but also from the public perception of corruption and incompetence in government, which undermines trust in city leadership.

Monterrazas de Cebu is a 200-hectare hillside residential project in Barangay Guadalupe. Marketed as a premier subdivision, the development has been dogged by controversy since Typhoon Tino in November 2025, when floodwaters cascaded downhill and inundated Banawa and nearby areas.

DENR investigations found inadequate slope protection, drainage systems and detention ponds, raising questions about the project’s compliance with its Environmental Compliance Certificate.

Residents and officials have warned that unchecked development could worsen flooding risks.

The developer has since claimed to have invested heavily in flood-control projects, but skepticism remains among city officials and affected communities.

Archival’s Chief of Staff Kenneth Siasar said the mayor refused to issue a comment on the complaint.

“For now, the Mayor prefers not to comment on the issue until he has personally reviewed the complaint and its supporting documents,” Siasar told The Freeman.—With Preciosa Bacalso/FPL (CEBU NEWS)