CEBU City Councilor Pastor “Jun” Alcover Jr. has filed criminal and administrative complaints before the Office of the Ombudsman–Visayas against Mayor Nestor Archival Sr. and other city officials.
The charges, which also name City Treasurer Emma Villarete and City Administrator Albert Tan, allege violations of the Anti-Graft and Corrupt Practices Act and other administrative offenses over the operation of the Colon Street Night Market 2025.
The 27-page complaint, received by the Ombudsman on October 29, accuses the three city officials of grave misconduct, gross negligence, and violations of Republic Acts 3019 and 6713, claiming they allowed a private group to profit from public property without due process or legal authority.
Alcover described the operation as the “illegal conversion of a public street into a private commercial venture,” calling it a “black market masquerading as public service.”
“Public property was converted into a private business enterprise, enriching a few at the expense of the Cebu City Government and its people,” Alcover said in his affidavit.
The complaint centers on a special business permit issued by the Business Permit and Licensing Office (BPLO) to the Participative Association of Sugbo Vendors Inc. (Pasvi), led by Ibrahim “Mark” Dianalan.
The group, Alcover alleged, was authorized to screen vendors, collect stall fees, and retain proceeds without approval from the Sangguniang Panlungsod (SP) or any public bidding process.
He claimed Pasvi collected around P6,000 monthly from each of the more than 600 vendors, amounting to roughly P3.6 million per month, but only P200,000 was officially remitted to the City Government.
The rest, about P6.8 million in unremitted collections over two months, remains unaccounted for, according to the complaint.
“This is not just a question of legality but of morality,” Alcover said. “Where is the money? Who has the P7.2 million? Who benefited from it?”
Alcover also flagged the expired road closure permit as a key element of his graft complaint. He said the authority granted by the City Council for the temporary closure of Colon Street, from Osmeña Boulevard to Junquera Street expired on October 5, after the 30-day period recommended by the Cebu City Transportation Office (CCTO) lapsed.
Despite this, he said, the night market continued to operate without a renewed ordinance, council resolution, or updated CCTO clearance, which he described as a blatant violation of Section 21 of the Local Government Code, requiring legislative approval for the closure of public roads for private or commercial use.
“After October 5, there was no more authority for Colon Street to remain closed. Any continued operation beyond that date was illegal. The mayor and his officials have to answer for that,” he said.
He added that the City’s decision to let a private group handle the market’s operations “without council knowledge or oversight” amounted to usurpation of legislative authority and violated COA Circular 92-386, which mandates public bidding and formal lease agreements for the commercial use of government property.
Archival, for his part, brushed off the allegations as politically motivated, insisting that the night market is “legal and properly authorized.”
“He has the right to file a case. We’ll listen to it later. But it’s clear that the night market is legal even if it’s run by a private entity. They’re paying taxes, and they’re not operating there without paying anything,” Archival said.
He explained that the private organizer pays the City P200,000 monthly and shoulders expenses for electricity, garbage collection, and security, costs that were previously funded by the local government.
“The city is earning a lot from that, unlike before when it seemed like we weren’t getting anything,” he said, arguing that the arrangement benefited both the city and the vendors.
On the issue of the expired road closure, Archival admitted he was not aware that the 30-day permit had lapsed on October 5. “Dili ko kahibaw ana,” he said, adding that he had already instructed the BPLO to “make sure all permits and payments are in order.”
He also cited an October 16 legal opinion issued by the City Legal Office affirming that the Colon Night Market’s operation was “legal and valid.”
The opinion, signed by Marie Caitlin Kintanar and approved by City Attorney Briccio Joseph Boholst, said the night market was “firmly anchored” on the legislative authority of the Sangguniang Panlungsod and implemented through the CCTO’s traffic resolutions and the BPLO’s special business permit.
The legal office also asserted that the activity falls under the City’s proprietary functions, allowing it to charge fees for temporary commercial use of public property.
It further said the Gasa sa Gugma Board’s approval was not required, since the night market does not fall under its jurisdiction, which only covers informal sidewalk vending.
Alcover, however, rejected the City Legal Office’s justification, saying it was “self-serving” and “a poor attempt to legalize an illegal act.” He said the legal opinion cannot override the Local Government Code and the SP’s exclusive authority to approve road closures.
“In fact, he was the one who actually pushed me to file a case. We can’t just let the violations he committed pass, so he really has to answer for them,” Alcover said.
Archival, meanwhile, said he was surprised by Alcover’s move, describing the councilor as a friend who “just wants to make noise.”
Archival said he had nothing to hide from him and did not take any money. He said the other party was only trying to cause trouble.
“If I get suspended, then that’s it. We’ll just let him be,” the mayor added.
With the Ombudsman now set to evaluate the complaint, Alcover is asking the anti-graft office to order the preventive suspension of Archival, Villarete, and Tan, saying their continued presence in the office could influence witnesses and obstruct the probe.
He also reiterated his call for the immediate suspension of the Colon Night Market, arguing that it remains illegal in the absence of a valid permit or council resolution.
“The law is clear. You cannot convert a public road into a private business. The mayor should know that better than anyone,” he said. (CAV)