CEBU, Philippines — The Office of the President (OP) has dismissed the administrative complaint filed by now dismissed Cebu City mayor Michael Rama against Cebu Governor Gwendolyn Garcia with regards to the construction of the Cebu Bus Rapid Transit (CBRT) along Osmeña Boulevard, Cebu City.
In the 11-page decision released to the media yesterday, the OP junked the complaint of oppression, grave misconduct, abuse of authority, and conduct prejudicial to the best interest of the service, among others, that Rama filed, due to lack of enough evidence.
The complaint, therefore, could not be elevated to a formal trial.
“After the careful study and thorough evaluation of the records of the case, this Office finds that the instant complaint failed to establish a prima facie case to warrant the institution of formal administrative proceedings against Garcia” read part of the decision promulgated on Oct. 22.
The complaint, which Rama filed last March, stemmed from the memorandum issued by Garcia ordering Hunan Road and Bridge Construction Group Co. Ltd, the contractor of the CBRT, to cease and desist the construction works of said project along Osmeña Boulevard, fronting the Capitol building.
In his complaint, Rama said the memorandum issued by the governor deprives Hunan of “its vested property rights in relation to its contract with the Department of Transportation (DOTr)."
Rama also alleged that Garcia exercised judicial powers “despite having no authority to enjoin a national infrastructure project, nor any adjudicatory powers to deprive Hunan of its property rights.”
In her response to the complaint, Garcia admitted issuing the said memorandum, defending that it is meant to protect the cultural and historical integrity of the Capitol building, which is a historical landmark, and “not an exercise of a quasi-judicial power, nor was it intended to deprive Hunan of its property rights.”
The issuance of the said memorandum came after the governor received a letter from the National Commission for Culture and the Arts (NCCA) board stating that the construction of two BRT stations along the Osmeña Boulevard fronting the Capitol will effectively mar the vista corridor and the line of sight between Fuente rotunda and the Capitol building, which is a historical structure protected by heritage laws.
Upon reviewing the arguments raised by both camps, the OP ruled in favor of Garcia, saying the governor is just exercising the Province of Cebu’s ownership of the said lot.
“Seeing the potential effect of the BRT project to the historical and cultural integrity of the Capitol Building, it was not only prudent but proper for Garcia to issue the assailed memorandum and to order Hunan to cease and desist the construction of the CBRT project on province-owned lots along Osmeña boulevard” read a portion of the ruling signed by Executive Secretary Lucas Bersamin.
The OP also said Rama failed to present sufficient evidence that Garcia’s action was tantamount to oppression or abuse of authority, grave misconduct, or conduct prejudicial to the best interest of service.
“In this case, Rama failed to present sufficient evidence that Garcia’s act was spurred by corrupt or ill motive,” it said.
“On the last note, it is basic in the rule of evidence that bare allegations unsubstantiated by evidence, are not equivalent to proof,” in added.
PRESSCON
Sought for his reaction on the decision, Rama refused to comment, saying he still has to receive his copy.
"I will be answering. I am going to have a presscon tomorrow. Ayaw lang sa karon…. I do not want to make any reaction because I don't have a copy. This morning, I went around to visit cemeteries, so I would probably report about it tomorrow. I am hoping that tomorrow, if I still have time, I will finish visiting (the cemeteries)," he told The Freeman yesterday.
"I have no idea or whatsoever kay kanang dungoga marites man na, wa tay kopya, mao lang gihapon. I need to be given a copy before I can make a very, very valid reaction," he added.
The multi-billion CBRT mass transit system is a project designed to provide mobility in Cebu. It encompasses 35.28 kilometers with 17 stations, including the ones at the Osmeña Boulevard.
Package 1 of the project consists of the route from Osmena Boulevard to the Cebu South Bus Terminal, which is at 2.38 kilometers. Package 2 North, on the other hand, will consist start on Escario St. by the Capitol, and Gorordo Avenue. The whole stretch of Package 2 is at 10.8 kilometers. — /RHM (FREEMAN)