A TAXPAYER asked the Office of the Ombudsman-Visayas to suspend anew Cebu City Mayor Michael Rama for allegedly allowing the illegal protest in front of City Hall’s legislative building last October.
Engr. Patricio Salado Jr. of Barangay Sambag 1 asked Deputy Ombudsman Paul Elmer Clemente to place Rama and Tisa Barangay Captain Philip Zafra and Tinago Barangay Captain Joel Garganera under preventive suspension for misconduct and violation of the anti-graft law.
10 days to reply
“This kind of conduct should not be countenanced. It should be properly disciplined and even be hampered,” said Salado in his complaint-affidavit.
Clemente, the deputy ombudsman, gave the respondents 10 days to submit their counter-affidavits.
“Failure to comply as directed within the period prescribed by the rules shall be deemed a waiver of the right to present the party’s counter-affidavit and the investigation shall proceed according to existing rules,” read Clemente’s order.
Salado accused Rama, Zafra and Garganera of violating Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, and Code of Conduct and Ethical Standards for Public Officials and Employees.
Not surprised
The protest was related to the non-passage of the P2.8-billion proposed first supplemental budget (SB 1).
Zafra, also Association of Barangay Council Cebu City chief, described the administrative and criminal case filed against them as a form of political harassment.
Zafra said he was not surprised by the development even though he has yet to receive a copy of the case.
He said he believes the case is initiated by their opponents from the Bando Osmeña Pundok Kauswagan (BOPK).
“Ako pa nila, di sila mo-gamit og tawo (If I were them, I won’t use somebody else). Actually, it is political harassment but it will not stop us from doing the right thing and doing greater good for the greatest number,” he said.
Zafra said he doesn’t understand why he was impleaded in the case when he was inside the session hall attending the City Council’s session when the rally was conducted.
“Game plan”
He said he can’t stop or blame barangay officials or employees who assembled that time, considering that the SB 1 concerns the city and the villages.
The proposed SB 1, which was never approved by the council, is supposed to cover the payment of the P2.4-billion loan balance for the development of the South Road Properties as well as payment for garbage tipping fee and asphalting of some roads.
Zafra said his lawyers will answer the case.
Garganera, in a separate interview, said he, too, was not surprised by the case, more so that it sought their preventive suspension. He said the BOPK has been filing cases against Rama and his supporters and allies.
“Their game plan is very clear. They want allies of the mayor, and even the mayor himself out,” he said.
Garganera and Zafra are members of Team Rama.
Real culprits
Garganera said it is anyone’s right peaceably assemble and express their grievances against the council for refusing to act on the SB 1.
Garganera said BOPK councilors should be the ones facing cases for sitting on the approval of the SB 1.
As for Rama, he said his lawyers will handle the matter.
“Wa na ko na-surpresa ana kay gusto man gyud silang kuhaon ang City Hall. Ato lang nang atubangon (I’m no longer surprised because I know they want me out of City Hall. We’ll just face it),” he said.
Rama is currently serving a two-month preventive suspension over the clearing of a center island in Barangay Labangon.
In his complaint-affidavit, Salado said Civil Service Commission Resolution 021316 bars government workers from joining mass action that disrupts office work.
“The assembly of the Cebu City Hall employees was illegal being within prohibited concerted mass action,” the complaint read.
Garganera and Zafra should be held liable for violating the anti-graft law and the CSC resolution for helping organizing concerted mass action, he said.
Rama should also be penalized for “tolerating, influencing, and encouraging” City Hall employees and department heads to join the protest instead of returning to work, he said.