DILG “not privy” to Rama’s dismissal

CEBU, Philippines — Citing a letter of an undersecretary of the Department of Interior and Local Government (DILG), the lawyers of dismissed Cebu City Mayor Michael Rama insisted that Mayor Raymond Alvin Garcia’s exercising the powers and functions as City Mayor is “illegal”.

Lawyer Luis Vera Cruz, Jr., one of the counsels for Rama, said that Garcia’s oath-taking before DILG-7 regional director Leocadio Trovela on October 9, 2024 appears to be “illegal and void ab initio.”

In a letter addressed to the City Council, Cruz who wrote in behalf of RBTA Law Firm, insisted that Garcia has been illegally usurping the powers of Rama. His basis was a letter from DILG Undersecretary Jose Victor Llamas, head of DILG’s External, Legal and Legislative Affairs.

Llamas, in a letter dated October 18, 2024 addressed to Rama’s legal team, said that they are “not privy” to the implementation of the dismissal order against Rama. The letter was in response to the request of Rama’s legal team for documents regarding the implementation of the order of the Office of the Ombudsman in the case filed by Jonel B. Saceda alias Inday Josa Chiongbian Osmeña against Rama wherein the latter was found guilty of nepotism and was meted out a penalty of dismissal from service.

“We regret to inform you that we are unable to accede to your request as this Department is not privy to the implementation of the said decision,” a portion of Llamas’ letter reads.

Llamas also clarified the role of DILG in implementing decisions/orders issued by the Office of the Ombudsman.

"The Department's authority to implement Ombudsman decisions arise when we are specifically directed to implement the same pursuant to Section 7, Rule III of [Ombudsman Rules of Procedure] in relation to Memorandum Circular No. 1, Series of 2006 dated 11 April 2006.”

“Please be informed further that the September 9, 2024 Ombudsman Decision does not contain such specific instruction,” it added.

The DILG official instead referred Rama’s legal team to the Office of the Ombudsman for proof of service of the implementation order against Rama.

Lawyer Mikel Rama said the DILG’s response has reaffirmed and fortified their position on the validity of his father’s mayorship.

Mikel said they have been asking for the documents stipulated in the response letter since October to also verify if the decision of the Ombudsman has been implemented.

“We did our due diligence, we wrote our letters to confirm and then for the longest time, we never received any confirmation of the implantation,” he said.

Over the lack of confirmation, Mikel said they have retained their position that Rama’s mayorship still stands hence the declaration of former Cebu City Administration Collin Rosell of their comeback at the Cebu City Hall which resulted in the latter’s arrest last Friday, November 8, 2024.

“Unya karon mas klaro na, nitubag na gyud si Secretary for Legal affairs, and they really said that his department is not privy for any implementation and I think that would speak for itself,” said Mikel.

When asked what could be the expectation from Rama’s end onwards, Mikel just said; “You expect what is incumbent upon him.”

Mikel recalled that on October 5, 2024, a memorandum was issued by Trovela to implement the decision of the Ombudsman over the verdict of Rama’s nepotism case.

He added that prior to the memorandum, Llamas reported issued a memo for Trovela to verify the implementation.

“But instead of verifying that there was an implementation, he went so far as to inform Raymond Garcia to take oath based on Section 44 of the Local Government code,” said Mikel.

Section 44 of the Local Government Code of the Philippines provides a mandate for permanent vacancies in local government positions.

Mikel added that the Regional Director has no authority to declare any permanent vacancies in the Local Government Unit, much more in a highly urbanized area such as Cebu City.

Mikel also said that such power can only be exercised through the Office of the President and can be delegated to the Secretary of the DILG. He also explained that Trovela was not directed by the Ombudsman to administer the oath-taking.

Over this, Mikel said they are eyeing to file necessary administrative charges against Trovela on the grounds that there were “irregularities” in Garcia’s oath-taking

As of presstime, Trovela could not be reached for comment.

Earlier, criminal and administrative complaints were filed before the anti-graft office against Trovela, Garcia, city administrator Kristine Batucan, and HRD head Henry Tumalabcad for allegedly conspiring to commit usurpation of authority, under Art. 177 of the Revised Penal Code in relation to Section 3 (e) of R.A. 3019 otherwise known as the Anti-Graft and Corrupt Practices Act.

The complaint was filed by one of Rama’s appointees, Homer Cabaral, on November 8, 2024. —/FPL (FREEMAN)