Tomas sues Edgar

CEBU, Philippines — In a latest twist to the thickening plot, former Cebu City mayor Tomas Osmeña has filed counter-charges against incumbent City Hall officials for their alleged refusal to restore the mayor's office and for leaving it bare to date.

Osmeña on Wednesday lodged before the Office of the Ombudsman a complaint for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act, grave misconduct, and conduct unbecoming of public officials against Mayor Edgardo Labella, City Legal Officer Rey Gealon, and City Administrator Floro Casas Jr.

Gealon and Casas will face additional charges for usurpation of public functions under the Revised Penal Code.

Over the same issue, the city’s Building Maintenance Services already filed last July 8 a complaint against Osmeña and 44 other respondents for violation of Section 3 (e) of Republic Act 3019 and Article 308 of the Revised Penal Code or Theft; Article 327 of the Revised Penal Code or Malicious Mischief; Article 4 (d) of Republic Act 6713; grave misconduct, grave neglect of duty, conduct unbecoming of a public official and conduct prejudicial to the best interest of the service.

In his complaint, Osmeña now alleged that Labella, Gealon, and Casas acted in bad faith in perpetuating the unfinished and unusable state of the mayor's office, “thus causing undue injury to the government, and maliciously imputing to him the destruction of the said office.”

He said that prior to his assumption into office in 2016, he requested the City Council to allocate P2 million for the renovation of the mayor’s office but was denied, prompting him to use his personal funds to improve it.

He added that in July of same year, his office on the 8th floor of the Executive Building was fully equipped with his own furniture like tables, desk, sofa, a long table with chairs owned by his wife Margarita, and an executive chair that belonged to his late father, Senator Sergio Osmeña Jr.

The renovated office served as his office during his term from 2016 to 2019. After losing to Labella in the last elections, he had to vacate the office noon of June 30, 2019.

Osmeña further claimed that he sought early June that his personal belongings be removed from office before his term ends and that the office should be restored to its condition prior to the renovation three years ago.

The restoration, which, he said, would cost him P318,403, was supposed to include architectural works, plumbing works, and electrical works.

The entire process was scheduled to be done during the last three days of his term, from June 27 until the morning of June 30, and only after office hours so as to cause the least convenience to the other offices.

On June 26, Osmeña said, he acquired a certification from the Department of General Services that the subject properties were not owned by the city government but his personal properties.

The first phase of the works, which included the removal of ceiling works, cladding works, toilet fixtures, tile works, and doors, began in the evening of June 27 and ended at 1:30 a.m. of June 28.

In the morning of the same day, Casas and Gealon, who were private citizens at that time and was acting under the authority of then vice mayor Labella, inspected the office and called the media and Philippine National Police and Special Weapons and Tactics personnel. Osmeña said they also gave out press statements maliciously imputing to him the office's destruction.

“The state of the mayor's office in the morning of June 28, 2019 was still a work-in-progress as the first phase of the restoration works had yet to start. However, many of my opponents erroneously characterized it as destruction of government property,” his complaint read.

The “media frenzy” and the presence of PNP and SWAT officers reportedly made it improbable to continue the restoration work until the end of his term on June 30.

Osmeña then went abroad with his family for a "much-needed vacation."

Upon returning to Cebu, he wrote a letter to Labella on July 18 asking that he be allowed to continue the restoration. However, he was prohibited from doing so as it would allegedly amount to "obstruction of justice" due to the pending cases filed against him.

Osmeña said he learned of reports that Labella had been entertaining friends inside the unfinished office and was said to be contemplating on using the premises as his temporary office.

For him, if there was anyone committing an obstruction of justice, it was Labella.

Osmeña alleged Labella and the two other respondents caused undue injury by refusing to allow the restoration, although he was willing and able to shoulder its costs.

"Had the work not been stopped and the restoration pushed through as planned, the alleged ‘destruction’ of the mayor's office would have been rectified, and it would have been restored to its 2016 condition," he said.

He said by such refusal, Labella, Gealon, and Casas are perpetuating the unfinished and unusable state of the mayor's office to the detriment of the city government.

Osmeña claimed their refusal was tainted with bad faith because it was a mere afterthought. He alleged further that they were exploiting the situation for media mileage and political gains.

Sought for his comment, Labella said Osmeña is “leveling the same kind of charge already made against him, regarding the ruined office space he left behind.”

“The former mayor's charge is rather disingenuous—and even somewhat amusing. But the public is smarter than the former mayor thinks. And I trust that the public can see through this game of smoke and mirrors.”

Gealon, for his part, described the complaint as a “vengeance suit,” adding that the city officials are “ready for any legal battle.”

As of this writing, the respondents have not received a copy of the complaint. — JMD (FREEMAN)