CEBU City Mayor Michael Rama said there could be an “abuse of authority” in his six-month preventive suspension order from Ombudsman Samuel Martires on May 8, 2024.
Rama said he was “constructively dismissed” from office.
“That’s the reason why abuse of authority cannot be overemphasized...please do not abuse your authority,” Rama said.
He added that the upcoming SC ruling on Rama’s appeal against his preventive suspension will set jurisprudence for future similar cases against any public officials.
In a press conference at the Cebu City Sports Club on Monday, Sept. 2, Rama said the Supreme Court (SC) en banc, the highest court division of the SC, has already taken cognizance of his petition and prayer for the temporary restraining order against the preventive suspension order.
Rama said the majority was not aware of the meaning of the term “preventively suspended,” in which he emphasized he is not being punished or being penalized nor has he committed a violation.”
The Ombudsman order has affected not only him but also seven other city officials, namely City Administrator Collin Rosell, Rosell’s wife former City Assessor Maria Theresa Rosell, lawyer Francis May Jacaba, Angelique Cabugao, Jay-Ar Pescante, Lester Joey Beniga, and Nelyn Sanrojo.
The suspension order deprived the respondents of their right to salaries as mandated under the constitution.
In the same press conference, lawyer Mikel Rama, Rama’s son, said they are awaiting to receive a furnished copy of the Ombudsman’s reply to the SC en banc request for comment on the city mayor’s petition.
Mikel said the Ombudsman has only until Aug. 30 to reply to the SC en banc over the city mayor’s petition filed last Aug. 12.
“The point that we would like to emphasize is that we are very grateful that the case was heard and given great importance by such a distinguished composition of the Supreme Court,” the younger Rama said in Cebuano.
The petition challenged Section 24 of Republic Act (RA) 6770, or the Ombudsman Act of 1989, and Section O, Rule 3 of Administrative Order (AO) 7, or the Rules of Procedure of the Office of the Ombudsman, as amended, as they apply to elective local officials such as Rama.
Rama’s camp also requested the SC to vacate the Ombudsman’s suspension order against him.
The suspension stems from a complaint filed by four Cebu City Hall employees–Filomena Atuel, Maria Almicar Diongzon, Sybil Ann Ybañez, and Chito dela Cerna–who alleged that their salaries were withheld for 10 months from July 2023.
Section 24 of RA 6770 pertains to the preventive suspension of officers or employees under the Ombudsman’s authority.
The Ombudsman or the deputy has the authority to preventively suspend any officer or employee pending an investigation if they determine that the evidence of guilt is strong. / EHP