CEBU City Councilor Pastor “Jun” Alcover Jr. has filed criminal and administrative complaints with the Office of the Ombudsman–Visayas against Mayor Nestor Archival, City Treasurer Emma Villarete and City Administrator Albert Tan.
The 27-page complaint, received on Wednesday, Oct. 29, 2025, accuses the three officials of grave misconduct, gross negligence and violations of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act, and RA 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The charges center on the operation of the Colon Night Market.
Alcover alleged the officials allowed a private group to profit from public property without legal authority or due process. He described the operation as the “illegal conversion of a public street into a private commercial venture,” and 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.
HOW THE ALLEGED SCHEME WORKED. Alcover’s complaint focuses on a special business permit issued by the Business Permit and Licensing Office (BPLO) to the Participative Association of Sugbo Vendors Inc. (Pasvi). He said this group, led by Ibrahim “Mark” Dianalan, was authorized to screen vendors, collect stall fees and retain proceeds without approval from the City Council or any public bidding.
He alleged 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. According to the complaint, about P6.8 million in unremitted collections over two months remains unaccounted for.
“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 St. — from Osmeña Blvd. to Junquera St. — expired on Oct. 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. He described this as a violation of Section 21 of the Local Government Code (LGC), which requires legislative approval for closing public roads for private use, and COA Circular 92-386, which mandates public bidding for the commercial use of government property.
“After Oct. 5, there was no more authority for Colon St. to remain closed. Any continued operation beyond that date was illegal. The mayor and his officials have to answer for that,” he said.
MAYOR’S DEFENSE. Archival, in a separate interview, 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 also 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 the arrangement benefited both the City and the vendors.
LEGAL QUESTIONS. Regarding the expired road closure permit, Archival admitted he was not aware that the 30-day permit had lapsed on Oct. 5. “I did not know that,” he said, adding that he had already instructed the BPLO to “make sure all permits and payments are in order.”
He also cited an Oct. 16 legal opinion issued by the City Legal Office, which affirmed that the Colon Night Market’s operation is “legal and valid.” The opinion, signed by Marie Caitlin Kintanar and approved by City Attorney Briccio Joseph Boholst, said the market was “firmly anchored” on the legislative authority of the council and implemented through the CCTO’s traffic resolutions and the BPLO’s special
business permit.
The legal office asserted that the activity falls under the City’s proprietary functions, allowing it to charge fees for temporary commercial use of public property.
Alcover, however, rejected this justification, calling it “self-serving” and “a poor attempt to legalize an illegal act.” He said the legal opinion cannot override the LGC.
POLITICAL ANGLE. Archival said he was surprised by Alcover’s move, describing the councilor as a friend who “just wants to make noise.” The mayor said he had nothing to hide from him and did not take any money.
“If I get suspended, then that’s it. We’ll just let him be,” he said.
Alcover countered, “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.”
WHAT’S NEXT. The complaint is now set to be evaluated by the Office of the Ombudsman–Visayas. Alcover is asking the anti-graft office to order the preventive suspension of Archival, Villarete and Tan, saying their continued presence in 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. / CAV