Complaint vs mayor dismissed

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CEBU CITY — Whether or not former mayor Michael Rama received a copy of his dismissal order is irrelevant.

The Office of the Ombudsman has cited this in its ruling dismissing a complaint filed against Cebu City Mayor Raymond Alvin Garcia over the termination of a co-terminus employee.

The Omdundsman's dismissal of the complaint at the same time affirmed Garcia's authority as the city's chief executive, while dealing another blow to Rama's claim to the mayoralty.

In a resolution dated March 20, 2025, the Ombudsman rejected the complaint of Homer Mariano Cabaral, who served as executive assistant under Rama.

Cabaral argued his dismissal was unlawful, claiming Garcia lacked authority to remove him since Rama had not personally received the order removing him from office.

The Ombudsman disagreed, citing Section 27 of the Ombudsman Act of 1989, which states that its decisions in administrative cases are final and executory.

"The execution of the decision is not contingent on personal service to the respondent official. The finality and executory nature of the Ombudsman's rulings remain in full force unless overturned by a competent court," the ruling stated.

The anti-graft body also questioned Cabaral's position, noting the inconsistency in his arguments.

"It cannot be helped but be pointed out that the complainant, who argues that the Ombudsman has no authority to dismiss mayors of highly urbanized cities, is asking the very same Office to take action on his complaint against Mayor Garcia," the resolution said.

Garcia welcomed the decision, calling it a "clear affirmation" of his legitimacy as mayor.

"I welcome the decision of the Office of the Ombudsman dismissing the case filed against me by Mr. Homer Cabaral. This ruling affirms the legitimacy of my authority as mayor and upholds the rule of law in our city's governance," he said in a statement.

He emphasized that co-terminus employees serve at the discretion of the appointing official and that their tenure ends with the removal of that official.

"When former mayor Michael Rama was dismissed from office, it followed that his co-terminus employees, including Mr. Cabaral, no longer had legal grounds to remain in their positions," Garcia said.

"This ruling reinforces what has been clear from the start: that the Ombudsman's decisions are final and executory. It removes any doubt about who holds the authority to lead the city government," he added.

The Ombudsman also dismissed a separate administrative complaint filed anonymously against Garcia, Department of the Interior and Local Government 7 Director Leocadio Trovela, former Cebu City Police Office director Antonietto Cañete, and City Legal Office head Santiago Ortiz Jr.

In an evaluator's report dated Jan. 10, 2025, the anti-graft office said the complaint lacked "palpable merit" and was unsupported by evidence.

"The basic rule is that mere allegation is not evidence and is not equivalent to proof," the report read. "Charges based on mere suspicion and speculation likewise cannot be given credence."

The anonymous complainant had also argued that Garcia assumed the mayoralty without authority, citing the alleged lack of personal service of Rama's dismissal.

Similar arguments were raised by Cabaral and rejected by the Ombudsman.

Garcia took over as acting mayor in May 2024 when the Ombudsman placed Rama under preventive suspension for six months due to the non-payment of salaries of several City Hall employees.

Before the suspension expired, Rama was dismissed in October over nepotism and grave misconduct after appointing two of his brothers-in-law to City Hall posts.

Garcia and Rama were running mates in the 2022 elections but are now set to face off in the May 2025 polls. Garcia is seeking the mayoralty under Kugi Uswag Sugbo, while Rama is running under Panaghiusa.

"I urge everyone to respect the Ombudsman's ruling and move forward in ensuring that City Hall remains focused on serving the people of Cebu City with efficiency, accountability, and good governance," Garcia said.