Wife ‘hired’ when he was Vice Mayor: Nepotism plaint filed vs Garcia

CEBU, Philippines — An anonymous complaint was filed last Nov. 8 before the Office of the Ombudsman accusing Cebu City Mayor Raymond Alvin N. Garcia of grave misconduct and nepotism, the same offense that caused former mayor Michael Rama’s dismissal from service and perpetual disqualification from holding any public office.

This, as the Cebu City Council yesterday, requested the Department of Interior and Local Government (DILG)07 to provide it with the order of implementation on the decision of the Office of the Ombudsman dismissing from service former mayor Michael Rama.

It came after Vice Mayor Donaldo Hontiveros delivered a privilege speech during their regular session, to address questions hounding his assumption as full-fledged vice mayor of the city, five days after Rama supporters staged a protest rally questioning Garcia’s assumption as full-fledged mayor.

That day, former city administrator Collin Rosell also entered City Hall and called a department heads meeting, asserting that he is already back. He ended up getting handcuffed and hauled away for usurpation of authority.

Permanent vacancy

In his speech, Hontiveros reminded colleagues that when then Acting Mayor Raymond Alvin Garcia took his oath as full-fledged mayor before DILG-7 Director Leocadio T. Trovela last Oct. 9., “(t)his created a vacancy in the Office of the Vice Mayor by operation of law.”

He cited Section 44 of the Local Government Code of 1991 which stipulated how “permanent vacancies in the Offices of the Governor, Vice Governor, Mayor, and Vice Mayor are to be filled.”

"If a permanent vacancy occurs in the offices of the governor, vice-governor, mayor, or vice-mayor, the highest-ranking Sanggunian member, or, in case of his permanent inability, the second highest-ranking Sanggunian member, shall become the governor, vice-governor, mayor, or vice-mayor, as the case may be..." stated the said law.

This, he said, was his basis in taking his oath as full-fledged vice mayor last Oct. 11 before Tagbao Barangay Captain Ana C. Tabal.

He also mentioned that there has been a “popular Facebook page challenging him” to resign as vice mayor of Cebu City.

“I really have no idea why there is that call for me to resign where in fact and in deed, I had reservations of assuming the Vice Mayoral post,” Hontiveros said.

He reiterated that that it was through the DILG that provided him an advisory that there was a “necessity for him” to take his oath as the full-fledged vice mayor, when Garcia took his oath as mayor in permanent capacity.

Hontiveros said Garcia’s oath-taking has implied his resignation as the full-fledged vice mayor of the city, this leaving the Office of the Vice Mayor vacant.

“Let it be known before this august body and to all Cebuanos, that I am fully prepared to step down if a lawful order requires me to vacate this position,” Hontiveros said during his privilege speech.

He, however, raised questions on what will happen should he step down from his post after talking his oath of office as vice mayor.

“Could I validly return to my previous position as city councilor? Would I still hold the title of number one councilor if I resign? For me, the answer to these questions is clearly in the negative,” Hontiveros said.

Before ending his speech, he further said that when he took oath as full-fledged vice mayor, it was with a pledge and commitment to uphold the responsibilities vested upon him.

He then proposed a resolution, which the City Council approved, to request Trovela to furnish the body with the memorandum from the DILG secretary informing Rama on the implementation of the Ombudsman decision dismissing and perpetually disqualifying him (Rama) from government service, issued before Garcia’s assumption as full-fledged mayor.

Allegation vs Garcia

Meanwhile, on the complaint filed at the Office of the Ombudsman, it alleged that Garcia appointed his own wife, Julienne Kate Roska-Garcia, under his then office, the Office of the Vice Mayor of Cebu City.

“Mrs. Garcia reports to the Office of the Vice-Mayor and performs her duties and responsibilities under the direct supervision and control of her husband, Respondent Garcia,” read the complaint.

“In fact, she stays at the Office of the Vice Mayor for the entire workday, supervises and directs the staff there, and engages in other related tasks such as holding meetings and coordination with other departments in the said office,” it added.

Garcia, it further said, signed the daily time record (DTR) and other Human Resources Development Office documents, thus exercising immediate supervision over his wife’s work and performance.

“This makes a clear case of nepotism, which is prohibited by law,” stated the complaint, which cited several provisions of the Constitution and the Local Government Code to support its arguments.

“Under Section 59, Chapter 8 of EO No. 292, the law describes what appointments constitute nepotism and is thus prohibited: Section 59.Nepotism.-(1)All appointments in the national, provincial, city and municipal governments or in any branch or instrumentality thereof, including government-owned or controlled corporations, made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, of the persons exercising immediate supervision over him, are hereby prohibited,” it said.

It also mentioned a memorandum from the Civil Service Commission that stated that “in the local government career service, the prohibition extends to the relatives of the appointing or recommending authority, within the fourth civil degree of consanguinity or affinity except teachers, physicians persons employed in a confidential capacity and members of the Armed Forces of the Philippines”.

“As such, the nepotism rule accordingly covers all kinds of appointments whether original, promotional, transfer and reemployment regardless of status including casuals and contractuals except consultants,” read the complaint.

“Mrs. Garcia, being married to Respondent Garcia, is related to Respondent Garcia within the first civil degree of affinity, the appointing or recommending authority. Thus, Mrs. Garcia's appointment is nepotistic and thus prohibited by the law. The Local Government Code of 1987 covers up to fourth degree relatives of consanguinity or affinity to the appointing or recommending authority,” it further said.

Aside from that, the complaint also stated that “Garcia's nepotistic appointment of his wife also violates the Code of Conduct and Ethical Standards for Public Officials and Employees (“RA No. 6713").

With those stipulations, the complainant requested that an investigation against Mayor Garcia should be made.

Sought for his comment, Mayor Garcia said that he has not received a copy of the complaint yet so he cannot issue any statement yet.

"I cannot comment on something that I did not see (yet)," he said.

Interestingly, Rama was dismissed from service also for nepotism after hiring at City Hall his brothers-in-law Elmer and Gomer Mandanat.

Rama had argued that the two were already in City Hall before he married their sister, Malou in October 28, 2021, but the Ombudsman pointed out that he rehired them from January to December 2022, when he was already married to her.

The Ombudsman complaint was filed by Jonel Saceda a.k.a. “Inday Josa Chiongbian Osmeña, who likewise filed a falsification of documents complaint against Elmer and Gomer that the Regional Trial Court, however, dismissed. — Jonavie Villa/RHM (FREEMAN)