Technical malversation: Complaint filed vs. Garcia, et al

CEBU, Philippines — Some Cebu City residents, including ambulant vendors, have filed a complaint before the Office of the Ombudsman-Visayas against Cebu City Mayor Raymond Alvin Garcia and two other department heads for technical malversation and four other alleged violations.

Aside from Garcia, Harold Alcotin, head of the Cebu City Disaster Risk Reduction Management Office (CCDRRMO), and Portia Basmayor, head of the Cebu City Department of Social Welfare and Services (DSWS), were also named in the complaint.

According to the complainants, Garcia and the four officials allegedly violated Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act, Section 3, paragraph [e]); Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees, Section 4, paragraphs [a] and [d]); as well as misconduct and conduct prejudicial to the best interest of the service.

The complainants are Juliet Orlanes, Felix Calvo, Julieta Roca, Jocelyn Queroga, Gena Rebias, Andresa Valentis, Beatriz Misamis, Solidad Coste, Floredelinda Camuta, Francisca Flores, Ma. Lourdes Randoy, and Teodera Bensing, all residents of Cebu City.

In a press conference held yesterday, Atty. Mac Gordon, counsel for the complainants, said that even if he is running for city councilor, the complainants deserve representation. He emphasized that his decision to take the case was based on his role as a lawyer, not a political figure.

Gordon is running under the Bando Osmeña Pundok Kauswagan (BOPK) ticket, whose standard bearer is incumbent Cebu City Councilor Nestor Archival, with former Cebu City Mayor Tomas Osmeña as running mate.

In their complaint, the group said they were concerned citizens who observed questionable use of public funds in their community.

“Based on news that are made publicly available, we learned that some public officials are using money that is supposed to be for disaster relief and calamity to give out social services that are not related to any disaster. This is very unfair, especially to the people who were affected and may be affected by calamities and are supposed to get help from those funds. We believe that the money should be used properly and only for what it is meant for—to help people during times of disaster and emergency,” the complaint reads.

They called on the Office of the Ombudsman-Visayas to investigate the actions of the public officials involved and appealed for prompt action.

The complaint stemmed from a social media post by a certain Aiko Tirol Galicia on March 11, 2025, which included a video clip showing a dump truck with the label “DGS-ERMM Department of General Services” transporting sacks of rice in Sitio San Pedro, Barangay Duljo-Fatima, Cebu City.

In one video, the truck’s bed was lifted, and the sacks of rice were dumped onto the ground. The complainants noted that the rice was handled carelessly, “like they were just dumping sand and gravel.”

Photos attached to the post showed sacks of rice marked “Premium White Rice” and “Excellent Eating Quality,” identified as a “Product of Vietnam.”

On March 19, Councilor Mary Ann de los Santos delivered a privilege speech criticizing what she called an undignified and questionable rice distribution program that appeared to favor Garcia’s political party.

She further questioned the amount used to purchase the rice amounting to P49 million that was charged to the Local Disaster Risk Reduction Management's (LDRRM) relief and recovery fund despite the absence of a state of calamity.

On March 23, 2025, a news article quoted Mayor Garcia clarifying that the rice was distributed not due to a state of calamity but as part of the city’s social services. He said the budget came from DSWS, not LDRRM's Relief and Recovery Fund.

But the complaint pointed out that according to documents available on the Cebu City Government’s website, the only recent rice procurement involved 166,600 rice goods, totaling P49,896,700.

This was based on a BAC Resolution dated November 28, 2024, and corresponding Purchase Order No. 1629,91 issued on December 2, 2024. The Notice to Proceed was received by A-1 Milling Corporation’s authorized representative on December 4, 2024.

The BAC Resolution identified the end-user as the CCDRRMO, with the procurement charged to the LDRRMF Relief and Recovery.

“As previously stated, there are no other purchases of rice by the DSWS specifically, right before or right after the purchase for the CCDRRMO. This is deeply concerning, as Mayor Garcia clearly said that the rice distributed in that event was for social services and coming from the DSWS budget,” the complaint reads.

“Moreover, in the same article, he claimed that the rice subject of Purchase Order No. 1629 were different from those that were distributed in Brgy. Duljo-Fatima, as the former were allegedly already distributed last year,” it added.

The complainants said there was an inconsistency between what the official documents showed and what the mayor had stated.

“As it stands, we can therefore conclude that the funds and items initially dedicated and appropriated from the CCDRRMO’s budget, a public fund, were used for some other purpose claimed to be for social services, clearly indicating that there was technical malversation,” they stated.

They also noted that the rice distribution was carried out by personnel wearing shirts supporting Garcia’s election bid. If the rice truly came from DSWS, they argued, no procurement records within the specified timeframe matched Garcia’s claim.

“Our fellow Cebuanos that struggle to make ends meet heavily rely on any act of charity they may receive. These acts of charity, when done out of malice or reckless disregard will further add to their struggle, rather than alleviate them,” they said.

The complaint was accompanied by more than 300 signatures showing public support.

Meanwhile, Mayor Garcia dismissed the complaint as politically motivated and a “desperate” attempt to undermine his lead in the upcoming 2025 elections.

“You know when you are so far ahead in the polls then people will start to panic and will do anything to put you down, that is what, an occurrence,” said Garcia, adding that he believes the opposing party is behind the move.

“First it started with the camp of BARUG and now it’s coming from BOPK, I think they just ran out of options at this stage,” he added.

Despite the complaint, Garcia remained optimistic that the case would be dismissed. He said multiple cases previously filed against him were already junked.

“It’s so difficult to prove their case in court,” he said, noting that eight cases filed against him had already been dismissed. — (FREEMAN)