CH seeks deletion of request for two top execs’ suspension

CEBU, Philippines - The Cebu City Legal Office has filed a motion asking the Office of the President to “strike out” the portion requesting the preventive suspension of Mayor Michael Rama and Vice Mayor Edgardo Labella in the complaint filed by lawyer Reymelio Delute against Cebu City officials.

Delute accused Rama; Labella; and City Councilors Nestor Archival Sr., Mary Ann delos Santos, David Tumulak, Nendell Hanz Abella, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Ma. Nida Cabrera, Gerardo Carillo, Alvin Dizon, Eugenio Gabuya Jr., and Noel Eleuterio Wenceslao of grave misconduct and grave abuse of authority.

The case stemmed from the City Council’s approval of City Ordinance 2379 giving P20,000 calamity assistance to each of the 4, 200 city officials and employees last year.

Delute had argued that the City Hall employees, including the accused city officials, were not victims of the calamity that struck the Visayas last year.

He had appealed for the Department of Interior and Local Government which the Office of the President, has tasked to hear the case, to suspend Rama and Labella to avoid “suppression of evidence considering that practically the vast majority of said City Hall officials and employees are beneficiaries of calamity financial assistance and it is their individual interest to collaborate with the respondents in their defense.” 

Yesterday, City Attorney Gerone Castillo said they have asked the DILG, to deny Delute’s motion due to his “inconsistent allegations.” The  The DILG-7 received the city’s six-page motion at 3:55 p.m. last Monday, October 27.

“This (for Labella and Rama to be suspended) runs counter to the very core allegations sa iyang complaint. That’s why we move also for the striking of this motion. There’s no basis for the prayer because the prayer itself is contrary to complaint,” Castillo said.

“The complainant’s comment dated October 15 should be stricken out or expunged from the records of the instant case and should, therefore, be denied outright. His prayer is not supported by any legal argument or discussion in the body of complainant’s comment,” read the motion.

“It is likewise prayed that the Honorable Office will dismiss outright the instant administrative case for lack of jurisdiction and for lack of a prima facie case,” it added.

The city, however, argued that praying for Rama and Labella to be preventively suspended but excluding the city councilors “is a complete betrayal of his complaint-affidavit.”

“It is clearly a belated attempt to change allegations and legal theory midway through the proceedings…This act of complainant cannot be countenanced as it goes against the very essence of due process,” it added.

The city has also asked the DILG to deny Delute’s motion to disqualify the CLO from representing the city officials in the proceedings of the case for “lack of merit.” (FREEMAN)