For “appointing 2 mayors”; Tomas seeks dismissal of criminal complaint

CEBU, Philippines - Cebu City Mayor Tomas Osmeña is asking the Office of the Ombudsman-Visayas to dismiss the criminal case filed against him for appointing two acting mayors while he was on leave.

In his 11-page counter affidavit, Osmeña said the assertions of former City Hall employee Aniceto Canturias are “mere suppositions” and are not supported by evidences.

“It is not enough for a complainant to simply aver that a respondent public officer violated specific laws but he must show the specific acts or omissions committed which amount to the charges complained of. Failing to do so, as in this case, the complaint must be dismissed,” Osmeña said.

Canturias alleged that Osmeña violated the Anti-Graft and Corrupt Practices Act, the Code of Conduct and Ethical Standards for Public Officials and Employees, and the Act Penalizing Usurpation of Public Authority when he appointed two acting mayors last July.

City Administrator Veronica Morelos is also part of the case.

Canturias has questioned the move of the mayor for appointing Vice Mayor Edgardo Labella and Morelos as acting mayors when Osmeña went for a family vacation in Japan from July 23 to July 27.

Canturias said the joint designation was irregular.

But Osmeña said Canturias has “false and baseless accusations” in filing the “obviously ill-motivated” complaint against him and Morelos.

Canturias was a former consultant to the Office of the Mayor from 2013 to 2016 under the administration of then mayor Michael Rama.

Osmeña said he sued Canturias for libel because of alleged malicious imputations he posted against him on Facebook.

“In addition, his last monthly salary had not been released because he failed to submit his accomplishment report. He is supposed to be the consultant of the mayor but I, as the incumbent mayor, cannot even recognize him by face and I do not know him personally because he does not report to me despite being the mayor’s consultant,” Osmeña said.

Osmeña further reiterated that he secured a proper leave application for his trip to Japan in July and he got a travel authority from the Department of Interior and Local Government.

“In good faith, I made sure that the duties and functions of my Office as city mayor would be performed without causing any inconvenience or interruption in the operations of the city government of Cebu by reiterating in writing the authority of the City Vice Mayor, Edgardo Labella,” he said.

Osmeña said Canturias “construed differently” the inclusion of Morelos as one of the acting mayors while he was on leave.

Osmeña said Canturias “misinterpreted” the memorandum he issued jointly designating Morelos and Labella as acting mayors.

“My intention was to allow Vice Mayor Labella and City Administrator to work closely together during my absence, hence, the specific mention of their names in the memorandum,” the mayor said.

The mayor said the city government has continued its operation in his absence. He said it was Labella who signed documents on his behalf and exercised the functions of the Office of the City Mayor. (FREEMAN)