CEBU CITY Mayor Nestor Archival has denied allegations of graft, grave misconduct and abuse of authority regarding the Colon Street Night Market 2025, asserting that the project followed all proper permitting procedures. He stressed that the activity was conducted with the approval of relevant city offices, including the Business Permit and Licensing Office (BPLO), the Cebu City Transportation Office (CCTO) and the City Council.
In a joint counter-affidavit filed before the Office of the Ombudsman–Visayas, Archival, City Treasurer OIC Emma Villarete and City Administrator Albert Tan sought the dismissal of complaints lodged by Councilor Pastor “Jun” Alcover Jr. Alcover accused the officials of violating 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, as well as committing grave misconduct and gross negligence.
The cases stem from the 2025 night market, which Alcover claimed was operated illegally, allowing a private group to profit from a public road. However, the respondents stated that the market was authorized via a special permit issued by the BPLO after the organizer, the Participative Association of Sugbo Vendors Inc. (Pasvi), complied with all requirements — including barangay clearances, Philippine National Police clearance and approved traffic plans.
They further cited resolutions from the Traffic Management Committee and the City Council authorizing the temporary closure of a portion of Colon St. Records submitted to the Ombudsman show that Pasvi paid a total of P3.119 million in special permit and regulatory fees for 2025 — an amount the respondents noted was significantly higher than collections in previous years.
“The facts and evidence incontrovertibly establish that we acted in good faith, within the scope of our respective legal authority and in strict accordance with established city procedures,” the respondents stated. They also pointed out that Alcover himself voted in favor of the resolution authorizing the temporary road closure.
A key issue raised by Alcover was the alleged failure to involve the Garbo Asenso Sumbanan Alyansa (Gasa) Board, created under City Ordinance 2386. The respondents argued that no law requires the mayor to involve Gasa in the night market, as the board’s mandate is limited to informal sidewalk vendors and does not cover structured commercial bazaars. They cited a legal opinion from the Cebu City Legal Office confirming that Gasa has no jurisdiction over the 2025 event.
During a press conference on Wednesday, Jan. 7, Archival rejected claims that he granted favors to private organizers, stating he merely directed offices to process Pasvi’s request subject to city rules. “I told them to proceed but subject to all permit requirements,” he said, adding that the City did not suffer losses. “Ang Syudad wala naalkansi (The City did not lose out). It was to the advantage of the City.”
Alcover filed the complaints on Oct. 29, 2025, alleging that Pasvi collected stall fees without public bidding or full council approval, resulting in an estimated loss of over P6.8 million in potential revenue. He also sought the preventive suspension of Archival, Villarete and Tan.
The respondents dismissed these claims as speculative, asserting that administrative or criminal liability cannot be based on policy disagreements. The Colon Street Night Market is a long-standing Cebu City tradition dating back to the early 2000s, typically held during Tourism Month, the Christmas season and the Sinulog Festival. / CAV