THE Office of the Ombudsman ordered another dismissal of former Cebu City Mayor Michael Rama from government service after finding him guilty of grave misconduct and conduct prejudicial to the best interest of the service in connection with the alleged irregular awarding of garbage collection contracts.
This is Rama’s second dismissal in less than a year, as he was previously dismissed in October 2024 for nepotism and grave misconduct.
Five other Cebu City officials were also dismissed for the same administrative charges, including Bids and Awards Committee (BAC) members Liezl Jacobe Calamba, Lyndon Bernardo Jao Basan, Conrado Acha Ordesta III, James B. Ponce, and Dominic Amigable Diño.
The case stems from the procurement of garbage collection and disposal services following Typhoon Odette in December 2021.
The Ombudsman found that contracts awarded to Jomara Konstruckt Corp., ACM Hauling Services, and ARN Central Waste Management Inc. bypassed public bidding, violating Republic Act No. 9184 or the Government Procurement Reform Act.
The contracts, granted through negotiated procurement, amounted to over P44 million.
Complainant Jundel Bontuyan argued that the garbage collection services were procured without due process, despite the city being under a state of calamity.
Rama and BAC members defended their actions, citing Section 53.2 of the 2016 Revised Implementing Rules and Regulations of RA 9184, which allows negotiated procurement during emergencies.
They argued that public bidding would have taken too long given the urgent need for waste disposal after the typhoon.
However, the Ombudsman ruled that emergency procurement still requires proper procedures, including revising the Annual Procurement Plan (APP) and following required recommendations. These lapses, the decision stated, violated the procurement law.
The dismissal order, signed by Graft Investigation and Prosecution Officer III Myra Nimfa Solidum-Mendieta and Officer II Roseann Claudine Pasion, is immediately executory but may be appealed before the Court of Appeals or Supreme Court.
As of writing, Rama and his lawyer, Collin Rosell, have not commented on the ruling.(TGP)