CEBU City Mayor Raymond Alvin Garcia has once again prevailed against legal challenges to his authority, with the Office of the Ombudsman dismissing for lack of merit a third complaint questioning his legitimacy as mayor.
Garcia announced during a press conference on Monday, March 24, that all three cases filed against him were thrown out due to insufficient legal basis.
“Ang ila man gud stand kay ni-usurp pa daw ko kay [dili pa daw ko ang mayor], pero mao lage, the cases have been dismissed outright for lack of merit,” Garcia said.
The most recent case was filed by complainants Vicente Esmeña and Teofilo Rosaroso Jr., who claimed they were illegally removed from their co-terminus positions after the Ombudsman dismissed former Mayor Michael Rama in September 2024.
They argued that their termination was premature, as Rama had not yet received the Ombudsman’s ruling, making it non-executory.
However, the Ombudsman ruled that their claim had no legal basis, stating that its decisions in administrative cases must be implemented immediately, even before formal receipt by the dismissed official.
"The authority of the Ombudsman to discipline or remove government officials or employees is enshrined in the 1987 Constitution," the ruling read.
It further cited Supreme Court precedents upholding the Ombudsman’s power to enforce its decisions without delay.
With this ruling, the Ombudsman dismissed the complaint outright for lack of palpable merit.
This marks the third case filed against Garcia that has been dismissed. The first case was lodged by Lawyer Homer Mariano Cabaral, a former executive assistant under Rama’s administration, who questioned his termination.
The second was an anonymous complaint alleging that Garcia improperly disclosed confidential Ombudsman rulings and assumed mayoral powers without legal authority.
Both cases were dismissed due to lack of supporting evidence and failure to establish any legal wrongdoing.
Garcia, responding to these developments, criticized the repeated but unproven accusations against him.
"Mao na ako giingon ninyo, one thing is to file, the other thing is to prove in court. The court where there is actual jurisdiction. Lahi na ang mo-file, lahi sad ng naa ba gyud unod imong gi-file,” he said.
Previously, Garcia urged his critics to accept the rulings and focus on the city’s progress instead of pursuing politically motivated legal battles.
“I urge everyone to respect the Ombudsman’s ruling and move forward in ensuring that City Hall remains focused on serving the people of Cebu City with efficiency, accountability, and good governance,” he said.(TGP)