Ombuds denies Osmeña’s request to suspend Rama

CEBU, Philippines - The Office of the Ombudsman denied the request of Cebu City south district Representative Tomas R. Osmeña to preventively suspend Mayor Michael Rama from service for abuse of power.

Ombudsman Conchita Carpio-Morales approved the recommendation of the graft investigator denying Osmeña’s request to suspend Rama for allegedly concealing some documents intended for the City Council.

Osmeña also accused Rama of abuse of power when he barred his department heads from attending budget hearings at the council in 2011 to discuss Rama’s proposed P11.8 Billion budget for 2012.

But Osmeña, the former mayor, said Rama is far from being vindicated.

“I didn’t get the Ombudsman order but he (Rama) is not off the hook yet,” he said.

Osmeña sued Rama before the Ombudsman for preventing the members of the Local Finance Committee – composed of the city treasurer, planning officer and the budget officer – to appear before the budget deliberation at the council.

Instead of allowing then acting city treasurer Tessie Camarillo to appear before the council, Rama insisted that then assistant city treasurer (now acting city treasurer) Emma Villarete should be the one to justify his proposed budget.

But the council refused to allow Villarete to justify the mayor’s executive budget because the Bureau of Local Government-Finance (BLGF) had already designated Camarillo as acting city treasurer.

At first, several City Hall department heads appeared before the council and were prepared to answer queries from the city legislators.

But they later left the session hall after the mayor ordered them to proceed to his office for a meeting.

City Administrator Jose Marie Poblete then showed up informing the council that Rama ordered the department heads to refrain from attending the budget hearing.

Osmeña said the succeeding budget hearings were also cancelled after Rama insisted on having Villarete to defend his budget and not Camarillo.

“As a result, the budget deliberations have been disrupted and seriously delayed, thereby creating a looming crisis on the passage of the 2012 budget,” he said.

Of the P11.8 billion budget proposed by Rama for 2012, the council only approved P5.3 Billion.

Osmeña said despite the BLGF order designating Camarillo as acting city treasurer, Rama appointed Villarete as in charge of Office of the city treasurer.

The lawmaker also accused Rama of concealing letters from the Department of Budget and Management (DBM) that are intended for the council.

The letters reportedly informed the city that at least P203 million of its previous budget has been declared inoperative.

Osmeña claimed the council only knew about the undelivered letters when his wife, Councilor Margarita “Margot” Osmeña, went to the DBM.

But Ombudsman investigator Amy Rose Soler-Rellin said there was no proof that Rama had actually received the copies of the letters.

Rellin said that although the Ombudsman is empowered by law to preventively suspend respondents of cases, it will be done only if the evidence is strong.

She said if the charge involves dishonesty, oppression or gross misconduct, or gross neglect of duty, it would warrant removal from service.

She said another element that the Ombudsman may consider suspension is when the respondent’s continued stay in office may prejudice the disposition of the case filed against him.

“On the basis of the evidence proffered by (Osmeña), there is no indication that said requirements are satisfied. The record, thus far, is wanting of sufficient proof that the guilt of respondent is strong, particularly relative to the presence of criminal intent or bad faith on the part of Mayor Rama in directing the boycott of the budget,” Rellin said.

But while the Ombudsman denied Osmeña’s motion to suspend Rama, the hearing of the merits of the case will continue.

According to Soller-Rellin, the “Ombudsman shall not hesitate to exercise its preventive suspension authority over respondent, if subsequently necessitated in the course of the instant administrative investigation.” — /LPM (FREEMAN)