CEBU CITY – A third complaint questioning the legitimacy of the assumption of Raymond Alvin Garcia as mayor of this city has been dismissed by the Office of the Ombudsman.
GARCIA (FB)
The Ombudsman junked the complaint against Garcia for lack of merit.
All three complaints filed against Garcia have already been dismissed.
“Their stand was I committed usurpation. But then again, the cases have been dismissed outright for lack of merit,” Garcia said.
The most recent case was filed by Vicente Esmeña and Teofilo Rosaroso Jr. who accused Garcia of illegally removing them from their co-terminus positions after the Ombudsman dismissed former Mayor Michael Rama in September 2024.
The complainants argued that their termination was premature, saying that Rama had not yet received the Ombudsman’s ruling dismissing him from service.
In junking the complaint, the Ombudsman ruled that the complainants’ claim had no legal basis, emphasizing 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 Ombudsman said.
The Ombudsman also cited Supreme Court precedents upholding the Ombudsman’s power to enforce its decisions without delay.
The first complaint against Garcia was filed by lawyer Homer Mariano Cabaral, who also questioned his termination as executive assistant under Rama’s administration.
An anonymous complaint was also filed against Garcia, alleging that he improperly disclosed confidential Ombudsman rulings and assumed mayoral powers without legal authority.
The two cases were dismissed due to lack of supporting evidence and failure to establish any legal wrongdoing.
“That’s what I have been saying. It’s one thing to file cases and it’s another to prove it in court. 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,” Garcia said.