Police director handcuff’s ex-city administrator: Tension at City Hall

CEBU, Philippines —  Yesterday was a tense day at Cebu City Hall, culminating in the arrest and detention of former city administrator and lawyer Collin Rosell.

The incident happened after a morning protest rally by supporters of former mayor Michael Rama, who accused Mayor Raymond Alvin Garcia of being a "fake mayor."

Rosell and others then went inside the City Hall Legislative Building and even held a press conference inside the Office of the Mayor’s Conference Room. Their primary agenda was to declare the comeback of Rama as mayor, as well as the reinstallation of those in coterminous status, including Rosell as city administrator.

Rosell said he could already return, arguing that the six-month preventive suspension that the Office of the Ombudsman imposed on him, Rama, and six others over the non-payment of 10 months’ worth of salary of four City Hall employees, have already ended.

This, despite last month’s Ombudsman decision dismissing Rama from service after finding him guilty of nepotism for hiring his (Rama) two brothers-in-law and the city administrator being a coterminous position.

Under the Philippines’ “Omnibus Rules on Appointments and Other Human Resource Actions”, “coterminous” is an employment status where “an appointment issued to a person whose tenure is limited to a period specified by law or whose continuity in the service is based on the trust and confidence of the appointing officer/authority or of the head of the organizational unit where assigned.”

With former mayor Rama no longer Cebu City’s chief executive, Rosell’s coterminous position as city administrator supposedly should have also ended.

Yesterday, however, Rosell tried entering his former office. Upon discovering that it was locked, he stayed at the nearby Office of the Mayor, held office as “city administrator”, and even issued a memorandum addressed to the City Government’s Civil Security Unit (CSU).

This prompted City Legal Officer Santiago Ortiz, Jr. to have Rosell’s actions recorded in the afternoon at the Waterfront Police Station.

Compliance of the law

In the morning, before leaving for Manila for an appointment, Garcia reiterated in his own press conference that his assumption, first as acting mayor and later as full-fledged mayor, was just in compliance with the orders of the Office of the Ombudsman and the Department of Interior and Local Government (DILG).

Garcia had argued that the law compelled him to take his oath as acting mayor and then as a permanent mayor serving Rama’s remaining months in office.

“I don’t want any more to add to the tension, to the commotion or the drama. I don’t want to add to it anymore because I think it’s been clear already, the DILG has been very clear already. The ombudsman has been very clear, unless we get another decision,” he said.

In the same press conference, he also instructed P/Col. Antonietto Can?ete, Cebu City Police Office director, who was beside him, to exercise maximum tolerance as long as Rosell and his companions do not disrupt normal work at City Hall.

That was why even if Rama’s supporters did not have a permit to hold their protest action, Can?ete just allowed them to exercise their freedom of speech.

Despite the disturbance, Garcia assured that it is “business as usual” in City Hall, emphasizing that the operations of the city hall must not be disrupted.

“Sagrado ang panerbisyo,” the mayor said.

“My instructions to the CSU (Civil Security Unit), to the PNP (Philippine National Police), maximum tolerance. Pero ayaw tawon og baldaha ang panerbisyo nato sa atong mga Sugboanon,” he added.

As for the pronouncement of Rosell that he was at City Hall to return as city administrator, Garcia said the city’s department heads and employees already know whose “authority they should follow.”

Garcia further said that should there be questions on the validity of his assumption as mayor, Rama’s camp should voice these concerns to the rightful authorities to avoid impeding the city hall’s operations.

On Rosell’s attempt to enter the Office of the City Administrator, Garcia said they were just allowing it, citing his order for “maximum tolerance.”

He, however, said that should City Hall operations are affected, he would be compelled to exercise his “executive rights” and would call on the PNP and CSU to take action.

Garcia explained that allowed the Rosell-led press conference inside the conference room where he was supposed to conduct a meeting to “avoid tension”.  Garcia also said that the City Hall is a public building.

He also clarified that Rosell’s term as city administrator was already terminated following Rama’s dismissal from service.

“Para nako di ni issue. But since it has caused a commotion, then I will just reply….You ask all the agencies, you ask all the department heads, there is no question, I have took my oath already as mayor of the City of Cebu and my authority should be respected and should also be followed,” Garcia said.

He left for Manila after his press conference. A few hours later, events took a dramatic turn when Can?ete, who is also a lawyer, handcuffed a resisting Rosell last night for “usurpation of authority”.

How it started:

In the morning, during the protest rally, Rama’s supporters held up placards that read “Mananapaw, Invalid Oath Taking”, “Oy Ondo Dawata Na”, “No to Fake News, Mayor”, and “Illegal dismissal” among others.

They mostly stayed on the spot at the Senior Citizens’ Park in front of the executive building and shouted “Ibalik, Mayor Mike Rama!”

Rama, though, was nowhere to be seen.

As the morning progressed, they were joined by a band as the press conference that Rosell and Rama’s legal counsel took place inside Office of the Mayor’s Conference Room.

While the press conference was ongoing, a group of policemen barricaded the stairs of the executive building and guarded its entrance.

“Ang takna klaro kaayo sa tanan nga magsulti ta nga gipaubos man sa preventive suspension atong mayor gikan Mayo 10, mapupos sya sa Nobiyembre 6, so…, of course, kailangan mobalik ug mabalik si mayor Mike Rama. Klaro na sya,” Rosell said during his press conference.

He said that the end of the six-month preventive suspension is November 6 because six months is equivalent to 180 days.

He was accompanied by Atty. Estong Rama, one of former mayor Rama’s legal counsels, during the press conference. Atty. Rama argued that there is no direct indication the decision of the Ombudsman dismissing and perpetually disqualifying his cousin was properly served.

“I will repeat again: Kanang desisyona…wala gyud na ma-serve ngadto kang mayor Mike Rama. Wa sad na maimplemtentar, maong gipangita sad na nato…. Unya sa atong pamalaod, og wala gani ma-serve, bisan unsa pa nga desisyon, dili na makapaapekto, dili na makapugong sa wala masayod sa unsa pa nga desisyon,” Rosell said.

He argued that should the Ombudsman personally serve his order later on, it would invalidate Garcia’s oath-taking Department of Interior and Local Government (DILG)-7 Regional Director Leocadio T. Trovela last Oct. 9

“Klarong mobalik si mayor Mike Rama,” he further said.

Tension arises

After the press conference, Rosell and his companions then walked out to the lobby of the Office of the Mayor and to his former office right next to it.

The door to the Office of the City Administrator, however, was locked with two policemen guarding it. Rosell ordered that the door be opened but no one knew where the key was.

A male staff member inside the office told Rosell he could not open the door on his end and that he, too, did not have a key.

This conversation led to an argument between the said staff member and Rosell’s companions.

“Palayo mo diri sir kay mga police baya mo. Palayo mo ngari kay basig amo mong kihaan ‘nya,” Rosell also told the two policemen.

He then told the media who were around him that he was supposed to already sit as city administrator and that his personal belongings were allegedly still inside the office.

ARREST BY THE POLICE DIRECTOR

At around 6 p.m., in a video posted by Public Information Officer Ramil Ayuman, Rosell was seen being handcuffed no less than by Can?ete.

In an interview with reporters, Cañete said they arrested Rosell for “usurpation of authority,” which stemmed from the complaint of sitting City Administrator Kristine Joyce Batucan.

As of press time last night, Rosell was detained at the Police Station 3. Cañete said that Rosell’s release may depend if he gets a trial judge's order this morning.

“Daghan ng ga-complaint..kay ni-insist sya nga sya gyud ang city administrator,” Cañete said.

In a document obtained by the media, Rosell signed yesterday a memorandum, when he started “working’ as city administrator, indicating that Rama has “reassumed his position as Mayor of Cebu City, effective 8:00 AM this morning. November 8, 2024.”

The memorandum was addressed to the “Head Office of the Civil Security Unit (CSU)” and directed its personnel “to report directly to the undersigned, the City Administrator.”

Rosell also called the City Hall department heads inside the conference room for a meeting. When Batucan entered the same room, Rosell exited.

Batucan then assured the department heads that there is no new order issued on Rama’s dismissal from service and perpetual disqualification from public service.

In the absence of an adverse order, she said, the Garcia administration is still the legal authority in City Hall. (CEBU NEWS)