Prelude to another suspension?: Ombudsman indicts Rama for ‘nepotism’

CEBU, Philippines — The Office of the Ombudsman has found probable cause to indict Cebu City Mayor Michael Rama, who is currently serving a six-month preventive suspension over a different complaint, for three counts of violation of the anti-graft law.

This ruling was signed by the “Deputy Ombudsman for Military and Other Law Enforcement Offices (MOLEO)”, as indicated in a document released to members of the press.

When asked if this could be a prelude to another preventive suspension for Mayor Rama, Atty. Mikel Rama, the suspended mayor’s son, said they are not expecting such, but admitted that they are strengthening their defense against it.

He reiterated that this latest development would neither affect the outcome of the 2025 elections nor affect his father’s Certificate of Candidacy (COC) filing.

The said Ombudsman resolution stemmed from the criminal complaint filed on Feb. 28, 2023 by Jonel “Inday Josa Chongbian Osmeña” B. Saceda against Rama for violation of Section 3 (e) of Republic Act (RA) 3019 (Anti-graft and Corrupt Practices Act).

Saceda alleged that Rama appointed his brothers-in-law, Elmer Gimenez Mandanat and Gomer Gimenez Mandanat, as casual employees of Cebu City.

Elmer and Gomer are siblings of Marilou Gimenez Mandanat-Rama, whom Rama married in a civil wedding ceremony on October 28, 2021.

Based on Cebu City Human Resource Department Office’s (HRDO) “Plantilla of Casual

Appointments (Reappointment-Renewal),” Rama appointed Elmer as “Process server” under the Office of the Mayor from January 1 to June 30, 2022, and Gomer as “Administrative Aide III (Laborer I)” under the Cebu City Medical Center (CCMC) in the same period.

The Ombudsman said that when Rama won the mayoral bid in the 2022 elections, he appointed, for the second time, Elmer and Gomer, to the same positions from July 1 to Dec. 31, 2022.

It also said that Rama cannot simply “feign ignorance” of the appointments and re-appointments, “knowing fully well that they were related within the third civil degree of affinity.”

“Respondent's explanation that he was ‘surreptitiously made to sign the Plantilla of Casual Appointments for Elmer and Gomer and was maliciously misled by the HRMO to sign the subject appointments of Elmer and Gomer’ is unsubstantiated,” reada portion of the resolution.

It stated that Elmer’s and Gomer's appointments were “nepotistic,” citing that the “irregularities were very apparent on the face of the documents.”

In an interview yesterday, Atty. Joselito Baena, one of Rama’s legal counsel and who also stands as Rama’s spokesperson, said that upon receiving the copy of the resolution last Monday, the overall legal team immediately drafted their motion for reconsideration which they are eyeing to officially submit within the week.

Baena said they are ready to answer the resolution “head on” and is confident that Rama will attain “justice”. Despite this ruling, he reiterated that Rama will still be his COC, stressing that what has surfaced does not affect his mayoralty bid.

Mikel also said the development is actually an opportunity for them to lay down what he said were the merits of their motion.

He said they have already mapped the arguments to rule out the elements of the violation of the anti-graft and corrupt practices act.

“We will state the merits of the case and then we will leave it to the justice system to decide,” Mikel said.

He said “probable cause” does not equate to “reasonable certainty of conviction”. He said it just means there may be a case to prosecute.

“Most probably, basig naay case. So mao ra na siya ang meaning," Baena further explained.

To Baena, this development is "normal" and has nothing to worry about.

Mikel also said that this development has nothing to be alarmed about, adding that the investigation is yet to conclude.

"Mao bitaw niingon ko nga tuloy ang laban kay taas pa kaayo ni," he said.

Meanwhile, over a month after being asked by the Supreme Court on Department of Interior and Local Government’s (DILG) comments on Rama’s petition on the reversal of his preventive suspension, Interior Secretary Benjamin “Benhur” Abalos yesterday said they were only implementing an order of the Office of the Ombudsman.

In an exclusive interview with The Freeman, he showed a copy of the order from the Office of the Ombudsman stating the “immediate implementation” of Rama's preventive suspension, which was because of the complaints filed by four City hall employees who were not paid of their salary for 10 months.

The communication from the Office of the Ombudsman signed by assistant Ombudsman Pilarita T. Lapitan showed that DILG, under Abalos, only had three days from receipt of the order to implement it.

Abalos also pointed out a portion of the order of implementation that stated that “refusal or failure of any officer without just cause to comply with an order of the Office of the Ombudsman to place under preventive suspension, remove, suspend, demote, fine or censure shall be ground for disciplinary action against said officer”.

“We were only given three days to do it…. We were just serving it…. Kung di naman naming i-se-serve, baka kami ang idemanda dito…. Saan kami lulugar dito?” he said.

He reiterated that they at the DILG “don’t have the power to suspend.”

“There are only three agencies of government (that has power to suspend), the Sangguniang Panglungsod, Ombudsman, and the Office of the President…yun lang,” Abalos said.

“Ang hirap kasi rito, yung duties mo, if you would do it, masama ka, if you won’t do it, demandado ka…. Saan ka lalagay dito? Mahirap naman,” he added.

During the DILG’s Visayas and Mindanao Cluster’s national convention at the Waterfront Hotel and Casino in Lahug, Cebu City, Abalos told the field officers in attendance not to mind any criticism.

Being with the DILG is a challenging job, he said, while reminding them to always do what is right, truthful, and ethical.

“Always choose right over wrong…. Ethics over compromise. And always choose truth over popularity. The choices you make, would shape your character and attitude,” Abalos said. - Iris Hazel Mascardo, — /RHM