THE legal team of dismissed Cebu City mayor Michael Rama has questioned the legitimacy of Raymond Alvin Garcia’s assumption as full-fledged mayor.
Suspended city administrator Collin Rosell, a lawyer, said in a press conference on Friday, Oct. 18, 2024, that Garcia’s oath-taking before Deparment of the Interior and Local Government 7 Director Leocadio Trovela last Oct. 9 was premature, as the dismissal order against Rama remains contested.
In a separate interview, Garcia said he is willing to step down if a higher court reverses the Ombudsman’s dismissal order in Rama’s favor.
According to Rosell, neither Rama nor his legal counsel has received or been officially served with a copy of the Ombudsman’s dismissal order, despite unofficial versions circulating on the Facebook page of Cebu Updates for over a week.
Rosell said Rama’s camp requested official copies from the Office of the Ombudsman-Visayas, but it was reportedly unaware of the decision.
“Kon ang mga tawo nga gitahas nga walay kalibotan, si kinsa man diay or unsay basehan sa ilahang pag-asumir ug ilang pagpanumpa isip mayor?” Rosell said.
(If the officials responsible for implementing the order are unaware of it, on what basis was Garcia’s assumption and oath-taking as mayor?)
Rama’s camp filed a motion for reconsideration with the Office of the Ombudsman, despite not having received an official copy of the decision. His legal team’s strategy relies on excerpts of the dismissal order that have been circulating on social media platforms, according to Rosell.
After reviewing the unofficial copies of the decision circulating online, Rosell said the signature belonged to a deputy ombudsman, not Ombudsman Samuel Martires. He said that given Rama’s high-ranking position, the decision should have been signed the Martires himself.
Rama was first preventively suspended along with seven city officials, including Rosell, for six month starting in May this year. The suspension stemmed from a complaint filed by four City Hall employees who alleged that their salaries were withheld for 10 months.
On Oct. 3, the Office of the Ombudsman ordered Rama’s dismissal from service and permanent disqualification from holding any government position, after it found Rama guilty of nepotism and grave misconduct for hiring his wife’s two brothers as casual employees at City Hall.
The dismissal order came out just hours after Rama and his slate filed their certificates of candidacy before the local Commission on Elections (Comelec) office.
Attempt
Rosell said an attempt was made to deliver a sealed envelope containing an official copy of the Ombudsman’s order to Rama’s residence at the Espina compound in Cebu City on Saturday, Oct. 5.
The delivery was led by Col. Antonietto Cañete, director of the Cebu City Police Office (CCPO). As no one received the document, it was left under the compound’s gate, according to Rosell.
Rosell criticized this action as “unreasonable and condemnable,” saying the Ombudsman should have been responsible for serving the order, not the CCPO.
Rama’s legal team also questioned why the Ombudsman’s decision was sent to the Human Resource Development Office.
Rosell said Rama’s legal options include filing a motion for reconsideration with the Ombudsman. If the outcome is unfavorable, they can appeal to the Court of Appeals and, subsequently, to the Supreme Court (SC).
On Oct. 7, Rama filed a petition for certiorari and prohibition with the SC against Comelec Resolution 11044-A, which mandates the immediate cancellation of COCs for candidates with disqualification penalties from the Ombudsman.
Despite these legal challenges, Rosell said Rama’s candidacy for reelection in the May 2025 poll remains active.
Rama is currently focused on preparations for his upcoming church wedding to his second wife, Malou Mandanat Rama. The pair wed in a civil ceremony in 2021. / EHP
