2 more Rama allies sue Garcia

CEBU, Philippines —  Two more appointees of former mayor Michael Rama have filed criminal and administrative complaints against Mayor Raymond Alvin N. Garcia, as well as two other Cebu City Hall officials and Department of Interior and Local Government Regional Director Leocadio Trovela.

 The two, Vicente Esmeña and Teofilo Rosario, Jr., had asked the Office of the Ombudsman-Visayas for a preventive suspension, mainly on Garcia and Trovela, while an investigation is ongoing allegedly for grave misconduct.  dishonesty, gross neglect in the performance of duty; violation of Sec 3 (e) of the Anti- Graft and Corrupt Practices Act, usurpation of authority, and illegal dismissal of the two complainants.

 Both complainants are Rama's coterminous employees, with Esmeña serving as a Security Officer III of the Civil Security Unit (CSU) and Rosaroso as an Executive Assistant 1, both under the Office of the Mayor.

 According to a copy of the complaint provided to The Freeman, Esmeña and Rosaroso alleged that on Oct. 9, Garcia "unceremoniously and illegally terminated and removed from service and employment."

 This was after Garcia allegedly directed the Human Resource Department Office (HRDO), through Acting City Administrator Kristine Joyce Batucan, to issue a memorandum signed by HRDO Head Henry Tomalabcad and Batucan, "directing and informing that our services and employment are effectively terminated."

The two claimed the termination from service has not only affected the daily needs of their families, it had also humiliated them.

The "illegal termination" was made on the basis of the "automatic assumption of Acting Mayor Garcia as Mayor of the City of Cebu following the dismissal of Mayor Rama from office."

 Esmeña and Rosaroso also said Garcia’s assumption as full-fledged mayor was in “actual and deliberate participation of DILG Region VII Regional Director Leocadio Trovela."

 “Acting Mayor Garcia took his oath as Mayor of the City of Cebu on October 9, 2024 before Director Trovela who deliberately officiated and conducted in public the said oath taking ceremony without clear authority to the prejudice of the public and deception of the electorate," they said.

Garcia took oath as full-fledged mayor following the October decision of the Office of the Ombudsman, which found Rama guilty of grave misconduct for committing nepotism, when he hired his two brothers-in-law as City Hall employees from January to December 2022.

The Ombudsman ordered Rama dismissed from service and perpetually disqualified him from holding any government office because of the offense.

Osmeña and Rosaroso claimed that as of the time of filing of their complaint last Nov. 8, not even a writ of execution or an implementation order of the said decision from the anti-graft office was ever served to Mayor Rama or his counsel, alleging that both the Office of the Ombudsman-Visayas and DILG-7 could only refer Rama’s camp to their central offices concerning this matter.

 Both Esmeña and Rosaroso said they felt that "both Garcia and Trovela have deliberately taken into their own hands the law which they are duty bound to faithfully execute and thus, grave misconduct is done."

“In our case as coterminous employees-whose tenure is directly linked to the term or tenure of the appointing authority- terminating us prematurely, especially if done before the official notification or execution of the appointing authority's dismissal order, indeed constitutes grave misconduct,” they said.

They also cited Section 3(e) of the Anti-Graft and Corrupt Practices Act, which ”penalizes public officials who cause undue injury to any party, including the government, or who give any private party unwarranted benefits, advantage, or preference in the discharge of their official functions, through manifest partiality, evident bad faith, or gross inexcusable negligence.”

“It is respectfully prayed that the Honorable Office of the Ombudsman immediately and effectively order the preventive suspension of Acting Mayor Raymond Alvin N. Garcia and Regional Director Leocadio Trovela for publicly usurping the Office of the Mayor and for deliberately facilitating and deceiving the public and constituents of the City of Cebu in assuming the Office of the Mayor and in deliberately assuming the same as vacant without basis in fact and in law. Hence, guilty of Grave Misconduct, Dishonesty and Gross neglect in the performance of duty,” they said.

 Aside from preventive suspension of Garcia and Trovela pending result of an Ombudsman investigation, both Esmeña and Rosaroso are hoping to be "reinstated to their respective post and employment without loss of rights and benefits, and backwages, among others."

 Earlier, lawyer Homer Cabaral, former head of the Office of the Senior Citizen Affairs (OSCA) and also appointed by Rama also lodged criminal and administrative complaints against Garcia, Trovela, Tomalabcad and Batucan, alleging usurpation of authority, which is punishable under Art. 177 of the Revised Penal Code in relation to Section 3 (e) of R.A. 3019 (Anti-Graft and Corrupt Practices Act).

Garcia has not responded to The Freeman yet for comments regarding the complaints lodged against them while Trovela just said to refer to DILG Central Office’ statement concerning the dismissal of Mayor Rama.

As per DILG, in a statement released last Thursday, it is not privy to implementation of the Ombudsman decision because it did not contain a directive for DILG implementation.

“For the information of the public, the Department's authority to implement Ombudsman decisions arises when we are specifically directed to implement the same pursuant to Section 7, Rule III of [Ombudsman Rules of Procedure] in relation to Memorandum Circular No. 1, Series of 2006 dated 11 April 2006,” DILG said.

“The Ombudsman has the authority and discretion to implement its own decisions which is what happened in the instant case. In other words, the fact that the Department is not privy to the implementation of the Decision dated September 9, 2024 does not automatically mean that said Decision was not implemented," it added.

The DILG also stated that the Ombudsman implemented its decision on Rama so Garcia took his oath of office as full-fledged mayor of Cebu City, whose legality Rama's camp has questioned. (CEBU NEWS)