Cebu mayor sued for malversation

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A CONTROVERSY involving a dump truck unloading sacks of rice in the middle of a Cebu City neighborhood has snowballed and become the subject of a formal complaint of technical malversation against Mayor Raymond Alvin Garcia and two department heads.

Thirteen residents, including street vendors, have taken the matter to the Office of the Ombudsman-Visayas, accusing Garcia, Cebu City Disaster Risk Reduction and Management Office (CCDRRMO) chief Harold Alcotin, and Department of Social Welfare and Services (DSWS) head Portia Basmayor of misusing public funds and violating multiple provisions of anti-graft and ethical conduct laws.

Complainants Juliet Orlanes, Felix Calvo, Julieta Roca, Jocelyn Queroga, Gena Rebias, Andresa Valentis, Beatriz Misamis, Solidad Coste, Floredelinda Camuta, Francisca Flores, Ma. Lourdes Randoy and Teodera Bensing alleged that the officials violated Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act; RA 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees; and committed misconduct and acts prejudicial to the public service.

Mac Gordon, who is a candidate in the upcoming elections, said he agreed to handle the case in his capacity as a legal practitioner.

Gordon is running for city councilor under the Bando Osmeña Pundok Kauswagan slate led by councilor Nestor Archival and former mayor Tomas Osmeña, who are running for mayor and vice mayor, respectively.

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The complainants said they filed the case after observing questionable spending in their community.

They cited publicly available reports showing city officials allegedly used disaster relief funds for programs unrelated to calamities.

They said city officials should reserve disaster funds for actual emergencies and called on the Ombudsman to investigate the matter and act swiftly.

The case stemmed from a March 11 social media post by Aiko Tirol Galicia, who uploaded a video showing a dump truck labeled "DGS-ERMM Department of General Services" unloading sacks of rice at Sitio San Pedro, Barangay Duljo-Fatima.

The video showed the truck's bed tilted as the rice fell to the ground, which the complainants described as careless handling.

Photos from the post showed sacks of rice labeled "Premium White Rice" and "Excellent Eating Quality," with "Product of Vietnam" printed on the packaging.

Councilor Mary Ann De Los Santos criticized the rice distribution in a privilege speech on March 19, calling it undignified and politically motivated.

She questioned the P49 million used to buy the rice, saying the city charged the expense to the Local Disaster Risk Reduction and Management (LDRRM) relief and recovery fund despite the absence of a declared state of calamity.

Earlier, Garcia clarified that the city distributed the rice as part of its social services and sourced the budget from the DSWS, not the LDRRM fund.

However, the complainants said official documents on the Cebu City Government's website contradicted Garcia's statement.

They cited a Bids and Awards Committee resolution dated Nov. 28, 2024, and a purchase order issued on Dec. 2, 2024 for 166,600 sacks of rice worth P49,896,700.

The documents identified CCDRRMO as the end-user and confirmed the LDRRMF Relief and Recovery Fund as the source of the budget.

The group emphasized that the DSWS made no other rice purchase before or after the said transaction, contradicting Garcia's claim that the rice came from the DSWS budget.

They also questioned Garcia's statement that the distributed rice differed from the one listed in Purchase Order 1629, pointing out that no other procurement matched the timeline or purpose.

The complainants said they noticed people wearing Garcia campaign shirts distributing the rice, further raising concerns that the activity served political ends.

They stressed that if the rice came from the DSWS, records should support the mayor's claim but found none.

They concluded that the city diverted goods bought under CCDRRMO's budget to another purpose, which they believed constituted technical malversation.

They warned that while many residents rely on charity, mishandling aid for political or self-serving reasons could worsen poverty instead of easing it.

Over 300 individuals signed the complaint to show public support.

Garcia dismissed the complaint as politically motivated. He described it as a desperate move by rivals alarmed by his strong position in the 2025 election polls.

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