Over Ombudsman’s dismissal from service order: Rama files motion

CEBU, Philippines — The battle continues for dismissed mayor Michael Rama, as he files a motion for reconsideration before the Office of the Ombudsman over his dismissal from office and perpetual disqualification from holding any public position after he was found guilty of nepotism.

His camp continues to question the legality of Acting Mayor Raymond Garcia assuming as full-fledged mayor of Cebu City, as he (Rama) insists he remains as the mayor even after the Ombudsman decision and after Garcia took his oath of office before Department of Interior and Local Government-7 Regional Director Leocadio T. Trovela last Oct. 8.

In a press conference led by Atty. Collin Rosell, former city administrator, Rama’s camp disclosed yesterday that it had already filed a motion for reconsideration last Oct. 15 concerning his dismissal based on the nepotism case filed by Jonel B. Saceda, known as Inday Josa Chiongbian Osmen?a.

Rama’s camp maintained that even up to the present, the former mayor has not received yet his official copy of the dismissal from service order.

“Sukwahi sa napagya gikan pa niadtong hapon sa Oktubre 3, 2024, ug sa mga nadungog ug nabasa diha sa lain laing pamantalaan, radyo, sosyal media ug telebisyon apil ang gikan sa mga marites, among ipadayag pagklaro diha kaninyo nga hangtod karong taknaa, ang buhatan sa mga abogado ni Mayor Mike Rama ug si Mayor Rama mismo, wala pa gihapon mapasupti, mapadad-i, maserbihi o makadawat gikan sa opisina sa Ombudsman ug opisyal nga kopya sa Desisyon, ngadto sa natala nila nga lugar buhatan o pinuy-anan,” read part of its statement.

The team said that last Oct. 5, a Saturday, P/Col. Antonietto Can?ete, the new Cebu City Police Office director, along with seven to 10 of his men, went to the Espina compound where Mayor Rama is renting a house and left an envelope, which was assumed as the Ombudsman decision, at the foot of the compound’s gate.

“Sulod sa maong gate adunay laing lima ka mga balay nga gipuy-an sa laing mga tawo ug naa puy buhatan. Ang maong buhat dili makatarunganon ug salawayon kay ang opisina sa Ombudsman ang angay nga mopadangat sa sulat diha laing tawo nga way katungod ug walay pagtugot gikan sa opisina sa Ombudsman,” Rosell said.

The Freeman also tried to verify this information from Rosell but Can?ete was unavailable, as of press time.

Rosell is one of those that the Ombudsman placed under a six-month preventive suspension along with Rama for the non-payment of the salaries and other receivables of four City Hall employees for 10 months.

Rama’s camp also claimed Garcia was in a hurry to take his oath of office as full-fledged mayor, although then acting vice mayor Donaldo Hontiveros, a Rama ally, also took oath as full-fledged vice mayor days after, in the presence of City and DILG-7 officials.

Also, Rama’s camp argued that decision finding Rama guilty of nepotism and that earned him a penalty of dismissal from service and perpetual disqualification from holding any public office bore no signature.

 Ombudsman Samuel R. Martires allegedly inhibited himself from the case and had no explanation for doing so.

“Ang mipirma pag-aprobar sa maong desisyon kay ang deputy Ombudsman ra, nga unta ang posisyon pagka-mayor sa syudad gikonsiderar man nga taas nga pwesto sa goberno, Salary Grade 30, ug sumala sa pamalaod ug patakaran sa Ombudsman, kinahanglan gyud ang Ombudsman maoy mopirma kay mayor man ang hingtungdan. Dakong pangutana kung balido ba ang maong desisyon batok sa usa ka mayor nga walay pirmi ug pag-aprobar sa Ombudsman mismo sukwahi sa pamalaod,” Rosell said.

Rama’s camp also stressed that the mayor still has legal remedies left, contrary to alleged rumors that it’s already dead-end for him and that he is no longer allowed to run again.

Earlier, Mayor Rama’s camp also already filed a petition for certiorari and prohibition with the Supreme Court (SC) concerning the Comelec’s resolution on disqualifications in line with dismissed public officials.

Comelec Chairman George Garcia disclosed that elected public officials meted with perpetual disqualification by the Office of the Ombudsman still have a chance if they can secure a temporary restraining order from the Court of Appeals for their Certificate of Candidacy (COC) not to be cancelled.

A week after filing the petition at the SC, Rama’s legal team RBTA Law Firm filed the motion for reconsideration at the Office of the Ombudsman, based on the copy of the decision of the nepotism case posted in social media.

The Freeman secured a copy of the motion for reconsideration, which stated that Saceda’s complaint failed to show any substantial evidence to hold Mayor Rama liable for grave misconduct. It also cited that the Regional Trial Court already dismissed the falsification of documents filed against Rama’s two brothers-in-law.

 Rama requested that the Sept. 9 Ombudsman decision be reversed and Saceda’s Feb. 28, 2023 complaint be dismissed for lack of merit.

“A preliminary investigation on the irregularities that arises concerning the allege unauthorized access of then acting mayor Raymond Garcia on the confidential case records and internal draft decisions even before they are approved and released to the parties and the public is also being hoped for,” also read the motion.

“Atong subli on ug subli-an gyud, ang mopahunong ni Mayor Rama sa pagpapili pagka mayor sa siyudad sa Sugbo sa 2025, Kamatayon ra! Tuloy ang laban!” added the statement of Rama’s camp.

Meanwhile, Garcia said he still needs to see what Rama’s legal team has concerning his assumption as full-fledged mayor of Cebu City.

“That I have to see. I don’t know how they will question it, there is already an Ombudsman’s order and it has already been properly served. No less than the DILG has already made their statement, so if they want to question it, that’s fine with me,” he said.

“Of course, again, ila man nang katungod. But they have to pass through the process and they will have to go through our courts. And, of course, ang korte na gyuy mohukom ana tanan. Whatever the decision of the court, ako as an ascended mayor, of course, I will abide unsay decision sa korte. Rule of law,” Garcia added.