A FORMER Bantay Dagat program director has filed a complaint against Mayor Nestor Archival Sr. over his refusal to issue a cease and desist order (CDO) against the Monterrazas de Cebu development in Barangay Guadalupe and asked the Office of the Ombudsman to preventively suspend him while the case is investigated.
The seven-page complaint-affidavit filed by Ed Karlon Rama, a Guadalupe resident, was received by the Ombudsman Area Office for the Visayas in Cebu City on Wednesday, August 19.
Rama alleged that Archival and his spouse own a 713-square-meter property inside Monterrazas. The ownership, he said, creates a conflict of interest because Archival has rejected calls for a CDO against the development.
The complaint cited public statements by Archival maintaining that there was no basis to stop the project and that the authority to issue a CDO rests with his office.
Rama accused Archival of violating Sections 3(e) and 3(h) of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act. He also accused the mayor of grave misconduct, grave abuse of authority and conduct prejudicial to the best interest of the service.
Rama served the Cebu City Government in various capacities during the term of former mayor Raymond Alvin Garcia.
Archival’s chief of staff, Kenneth Siasar, said the mayor prefers not to comment on the complaint until he has personally received and reviewed it and its supporting documents.
Preventive suspension sought
The former Bantay Dagat chief asked the Ombudsman to conduct a preliminary investigation and, if probable cause is established, file the appropriate criminal charges against Archival.
He also sought administrative proceedings for alleged grave misconduct, grave abuse of authority and conduct prejudicial to the best interest of the service.
Rama asked that Archival be preventively suspended while the complaint is being investigated, arguing that the mayor’s continued exercise of his office could influence witnesses or hamper the investigation.
The complaint-affidavit also invokes RA 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees, particularly provisions concerning conflicts between public duties and private interests.
The complaint is the second publicly reported Ombudsman complaint filed against Archival since he assumed office as Cebu City mayor in June 2025.
Councilor Pastor “Jun” Alcover Jr. filed the first graft and administrative complaint in October 2025 over the operation of the Colon Street Night Market.
Property ownership
Rama alleged that Archival’s refusal to issue a CDO despite regulatory concerns raised against the development constitutes “manifest partiality” and gives an “unwarranted benefit, advantage, or preference” to the developer and to the mayor’s own property interest.
According to the complaint, Archival and his spouse acquired the property from Genvi Development Corp. in 2022. Rama attached a copy of the property’s Transfer Certificate of Title and tax declaration to support the allegation.
He also alleged that the property is bounded by a subdivision road and benefits from the development’s road network and other infrastructure.
Rama claimed that Archival “did not disclose, or recuse himself” because of his alleged ownership when he publicly opposed calls to halt the Monterrazas project.
The complaint argued that this amounted to intervention by a public official in a matter connected to property in which he allegedly has a private financial interest.
Section 3(h) of RA 3019 prohibits a public officer from directly or indirectly having a financial or pecuniary interest in a business, contract or transaction in connection with which the officer intervenes or takes part in an official capacity, or in which the officer is prohibited by law from having an interest.
Regulatory disputes
The complaint traced the controversy to severe flooding in communities below the Monterrazas development, particularly during typhoon Tino in November 2025.
Rama cited earlier calls from residents, Vice Mayor Tomas Osmeña and members of the City Council to suspend development activities while authorities verified the adequacy of the project’s flood-mitigation facilities.
He also cited the Department of Environment and Natural Resources’ December 2025 disclosure that it had filed a criminal case against the corporation behind the project over an alleged violation of the Revised Forestry Code.
The complaint further alleged that the DENR found violations involving the Philippine Environmental Impact Statement System and the Philippine Clean Water Act, as well as noncompliance with several conditions of the project’s environmental compliance certificate.
Rama included the findings to support his argument that there were sufficient regulatory concerns to warrant government action against the project.
The complaint also cited Archival’s previous rejection of calls for a CDO, including his statement that adequate water catchment facilities were in place and that the DENR was the proper agency to assess the project’s environmental compliance.
Rama also referred to the City Council’s efforts to push for a CDO and subsequent discussions over whether the city or another government agency had authority to issue one.
Council findings
The City Council later approved Resolution 17-3083-2026, which found that flooding in parts of Guadalupe had multiple contributing factors and could not be attributed solely to one development.
The resolution cited technical findings pointing to drainage limitations, tributary inflows, undersized pipes and clogged drainage systems as factors in the flooding.
It also cited 22 detention ponds at the Monterrazas project with a combined capacity of about 62,468 cubic meters, describing the detention system as a “vital component” of the area’s flood management strategy.
The council concluded that imposing a CDO was not warranted pending further technical evaluation. It also directed the developer to complete outstanding regulatory requirements, including the Special Hauling Permit. (CAV)