Complaint filed before office of the president: Rama sues Gwen

CEBU, Philippines — No more Mr. Nice Guy for Cebu City Mayor Michael Rama, after he filed an administrative case against Cebu Governor Gwendolyn Garcia before the Office of the President for allegedly usurping judicial and/or quasi-judicial powers over a national project for the Cebuanos, the Cebu Bus Rapid Transit (CBRT).

This came after Garcia issued a cease-and-desist order to the project's contractor last month.

The mayor also requested that the governor be suspended while the President decides on the complaint.

On several occasions in the past, Rama supported Garcia’s policies and decisions, calling her his “sister” even during the times when he did not get her support and that of Cebu Province, especially on the holding of the Sinulog at the South Road Properties.

But the mayor’s patience seemingly has already reached its limit and that all bets are already off after he filed the administrative complaint in Manila before leaving for Taiwan to attend a two-part “2024 Smart City Summit and Expo.”

The complaint is for “abuse of authority, oppression and grave misconduct, violation of the Code and Ethical Standards for Public Officials, and violation of the Anti-Graft and Corrupt Practices Act.”

The complaint is chiefly due to Garcia's issuance of a cease-and-desist order against CBRT Phase 1 contractor Hunan Road and Bridge Construction Group Co. Ltd., through Memorandum No.16-2024 issued exactly a year since the ground-breaking ceremony for the CBRT on Feb. 27, 2023.

Garcia also ordered the Philippine National Police to monitor the strict implementation of the memorandum, which Rama described in his complaint as an act that "would set a dangerous precedent and evince a chilling effect on the extent of a provincial governor's administrative powers over local affairs."

Garcia issued the order after discovering that it lacked the necessary authorization from the National Historical Commission of the Philippines (NHCP) for the construction of the bus stations along Osmeña Blvd.

This came after Jose Eleazar Bersales, Capitol consultant for heritage and museums and part of the National Commission for Culture and the Arts (NCCA) Advisory Board, informed the governor about the potential violation of the project against the Philippine Heritage Law.

Garcia’s memorandum stated that the project “appears to be located” within the buffer zones of the Capitol building and the Fuente Osmeña rotunda, both of which could easily qualify as heritage zones.

The Cebu Provincial Board (PB) and the League of Municipalities of the Philippines-Cebu Chapter) then followed suit by passing resolutions recommending the halting of the project, citing the lack of NCCA authorization and the worsened traffic.

The CBRT project is part of President Marcos’s priority projects to improve mass transportation, as a “gift to the Cebuanos.”

In his complaint, Rama alleged that “Governor Garcia failed to heed President Marcos's policy pronouncement by issuing the Memorandum, despite having no authority to do so."

As was likewise cited in the complaint, the power to restrain constructions of national government infrastructure projects, such as CBRT, is a judicial power vested only with the Supreme Court.

The mayor also stressed that Garcia accordingly has no business to meddle with the affairs of Cebu City since, as a highly-urbanized city, Cebu City is independent of the province.

Rama said that Garcia actually did not express any criticism in the past against the CBRT and even attended the groundbreaking ceremony last year.

Prior to the ground-breaking activity, however, Garcia had demanded for just compensation from the Department of Transportation (DOTr), saying there are lots covered by the ongoing CBRT) project that are Capitol-owned.

“I urge the President of the Republic, His Excellency President Ferdinand R. Marcos. Jr., through the Office of the President, if it so warrants to find Governor Garcia administratively liable under Section 1 (c), (e) and (h) of the Administrative Order no, 23, s.1992,” read part of Rama’s complaint.

He also requested that Garcia be placed under preventive suspension, given that she “has the power to influence potential adverse witnesses or tamper with evidence that could incriminate her."

The Freeman and other members of the Cebu media asked for Governor Garcia’s comment on the complaint file, but was told she has “no comment.”

PROTECTING CAPITOL’S PROPERTY

Provincial Legal Officer Donato Villa, however, said Garcia was just protecting the property of the Cebu Provincial Government, which is being affected by the CBRT.

He said the governor’s memorandum CBRT’s civil works is not meddling in the affairs of Cebu City but "an act as steward of the properties of Cebu Province” and that “it is the right of the property owner to stop it."

Villa said there was no abuse of authority in the act because the governor was just doing her obligation.

"If she did not take action, it would be dereliction of duty on her part man sad because she is not protecting the property," he told The Freeman.

Villa said the governor has no copy yet of Rama’s complaint.