Ombuds junks 7th case vs Garcia’s assumption

CEBU, Philippines — Cebu City Mayor Raymond Alvin Garcia has now been cleared in seven cases, following the dismissal of another complaint challenging his assumption of office.

The latest case was filed by Mark Lester Ceballos, Glicerio Germundo Jr., and Lemuel Felisario—coterminous employees of former Mayor Michael Rama. The complaint was lodged against Garcia; Leocardio Trovela, Regional Director of the Department of the Interior and Local Government (DILG)-7; Cebu City Administrator Kristine Joy Batucan; Cebu City Legal Officer Santiago Ortiz; and Human Resource Development Officer Henry Tomalabcad.

According to the Ombudsman’s decision, Ceballos filed the complaint after the group was informed that their employment with the Cebu City Government would not be renewed. They alleged that Garcia assumed office based solely on the Ombudsman’s decision, which dismissed and perpetually disqualified Rama from government service after finding him guilty of nepotism.

They argued that Garcia’s assumption of office was “illegal,” claiming that the DILG was not involved in implementing the penalty.

As in previous rulings, the Office of the Ombudsman reiterated that filing an appeal does not suspend the execution of a decision. At the time, Rama’s camp had already filed an appeal before the same office.

The Ombudsman further clarified that in cases involving suspension or removal, if the respondent wins on appeal, they will be deemed to have been under preventive suspension and entitled to back pay and other benefits lost during the suspension or removal.

The decision also upheld the provisions of Republic Act No. 6770, or The Ombudsman Act of 1989, which empowers the office to act promptly on complaints and enforce administrative, civil, and criminal liabilities of government officials and employees.

The Ombudsman emphasized it was within its authority to instruct the Office of the Deputy Ombudsman for the Visayas to endorse the decision to the Human Resource Division of the Cebu City Government for immediate implementation.

Citing “lack of palpable merit,” the Ombudsman dismissed the complaint. The decision was signed by Acting Director Corazon Arnado Carillo.

This marks the seventh complaint against Garcia dismissed by the Office of the Ombudsman. All cases questioned his succession to the mayorship, arguing that Rama had not yet officially received a copy of the dismissal and disqualification order. —/FPL (FREEMAN)