Alcover sues Tomas before Ombudsman

CEBU, Philippines - Cebu City Mayor Tomas Osmeña is facing a string of criminal and administrative complaints before the Office of the Ombudsman in the Visayas for the "unlawful" acts he allegedly committed following his assumption to office.

Councilor Pastor "Jun" Alcover Jr. filed yesterday complaints for alleged violations of Republic Acts 3019 (Anti-Graft and Corrupt Practices Act), Revised Penal Code of the Philippines, Administrative Code of 1987, RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), and RA 8491 (Flag and Heraldic Code of the Philippines).

The complaints stemmed from Osmeña's giving cash rewards for every drug suspect killed in legitimate police operations, appointment of "deputy mayors," and failure to observe the regular raising and lowering of flag.

Alcover claimed that Osmeña violated Section 3 (a) of RA 3019 for inducing and enticing members of the Philippine National Police assigned in Cebu City by offering them cash rewards for the killing of any person who are involved in illegal drugs.

The law prohibits any public officer from persuading, inducing or influencing another public officer to perform an act constituting a violation of the rules and regulations duly promulgated by competent authority.

He also mentioned a memorandum circular which prohibits government officials or employees from receiving cash rewards for the capture or arrest or surrender of wanted criminals.

He said the mayor disregarded the due process amid calls to stop the spike of extrajudicial killings of drug suspects.

"This has no place in the service because as Mayor he is supposed to lead, not just the city government but the entire City of Cebu in the observance of the rule of law," he added.

As to the appointment of deputy mayors from the members of the City Council, Alcover said Osmeña's act went beyond the scope of his authority as a mayor since this would encroach upon the functions of the branches of the government and violate the separation of powers between the legislative and executive departments.

He added that the appointment of deputy mayors also violated Article 244 of the Revised Penal Code, which punishes any public officer who knowingly nominate or appoint to any public office any person lacking the legal qualifications.

Osmeña earlier designated six Cebu City Councilors under Bando Osmeña Pundok Kauswagan, who are the minority in the City Council, as "deputy mayors" for certain basic services of the city.

The six councilors are his wife Margarita "Margot," Mary Ann de los Santos, Joy Augustus Young, Eugenio Gabuya Jr., Sisinio Andales and Alvin Arcilla.

Osmeña had explained that BOPK councilors were designated as they have "higher ranks" in terms of votes earned during elections than those of the city councilors under Team Rama, which dominates the city council.

Further, Alcover said the Flag and Heraldic Code of the Philippines was also violated by the mayor for mandating that flag raising and lowering ceremonies would only be observed once a month.

As provided for under the law, all government offices and educational institutions should observe flag-raising ceremony every Monday morning and the flag lowering ceremony every Friday afternoon.

"Moreover, his foregoing acts create the wrong impression in the minds of the whole local bureaucracy as well as the youth of Cebu City, especially young students, that there is nothing wrong in forgoing flag raising and lowering ceremonies, despite being mandated by law," he said.

The councilor also asked the anti-graft office to place Osmeña under preventive suspension to prevent him from influencing the evidence to be utilized in the case and that the evidence of guilt is strong.

The FREEMAN tried to reach mayor Osmeña for comment, but to no avail.

His wife Margot, when sought for comment, said that aside from having the prerogative, it has been her husband's practice of designating councilors who are allied with him.

Being the deputy mayor on budget and finance matters, Margot said she does not decide on anything but can suggest to the mayor.

"But in the end, it's him. We are only getting details for him. We are just making it easier for him. And we do have his trust and confidence. Aside from the fact that I'm his wife, no," she said.

She also clarified that she does not sign documents on behalf of the mayor.  She further said that the previous administration had also designated the son of Alcover as deputy mayor in mountain barangays.

Councilor Sisinio Andales, for his part, said Alcover should have sought the opinion of the Department of Interior and Local Government on the matter.

He said the mayor has the prerogative to designate councilors with executive functions.

"Tan-awn nato whether unsa'y legal basis ang iyang complaint. If I were Councilor Alcover, mangutana usa ko sa DILG, dili kay modiretso og kiha sa Ombudsman," he said. — /NSA (FREEMAN)