2 days ago
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CEBU CITY — Cebu City Mayor Raymond Alvin Garcia scored another legal victory after the Office of the Ombudsman Visayas dismissed the eighth complaint questioning his succession following the removal of Michael Rama from office.
In a resolution approved on Jan. 27, the Ombudsman ruled against the complaint filed by eight former city hall employees who argued that Garcia's assumption was invalid because the Department of the Interior and Local Government 7 (DILG-7) had not been officially notified of Rama's dismissal.
The Ombudsman said that its administrative rulings are "immediately executory" and do not require any endorsement or further action from the DILG or other agencies.
It warned that failure to comply with its orders "without just cause" may result in disciplinary sanctions.
Also included in the complaint with Garcia were DILG-7 director Leocadio Trovela, City Human Resource and Development Office head Henry Tomalabcad, former Cebu City Police Office director Col. Antonietto Cañete and city legal officer Santiago Ortiz Jr.
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Complainants Robert Barquilla, Lemuel Felisario, Teofilo Rosaroso Jr., Glicerio Germudo Jr., Lester Joey Jap Beniga, Vicente Esmeña, Mark Lester Ceballos and Nelyn Pizarr insisted that Garcia's assumption was improper without formal DILG notification.
However, the Ombudsman clarified that the non-endorsement or lack of participation by the DILG in the implementation of its decision does not affect the decision's validity or enforceability.
The Ombudsman cited Administrative Order 7 and the case of Elmer P. Lee vs. Estela v. Sales to affirm the binding and executory nature of its rulings.
This dismissal adds to a growing list of failed challenges to Garcia's legitimacy.
Previous complaints filed by former Office of the Senior Citizens Affairs head Homer Cabaral, former city administrator Collin Rosell, councilor candidate and lawyer Mikel Rama and anonymous individuals were earlier dismissed for lack of merit, absence of evidence or misapplication of legal principles.
Garcia formally assumed the mayoralty on Oct. 9, 2024, after the Ombudsman's order dismissing Rama for nepotism and grave misconduct became final and executory.
He had earlier served as acting mayor beginning in May 2024.
Despite the Ombudsman's consistent rulings, Rama continues to contest Garcia's position.
He obtained a temporary restraining order from the Supreme Court, which allows him to run in the May 2025 elections.
