Current, ex-Cebu City mayors slapped fines
The Office of the Ombudsman has separately sanctioned Cebu City Mayor Nestor Dionson Archival Sr. and his predecessor, Raymond Alvin Neri Garcia, over a night market on Colon Street and unauthorized “sabong” or cockfights held in a hotel, respectively.
Archival was fined a month’s pay by the Office of the Ombudsman which found him administratively liable for simple neglect of duty over lapses in the operation of a night market on Colon Street last year.
In a press statement, the Ombudsman said Archival failed to exercise due diligence in ensuring compliance with operational requirements for the night market, particularly coordinating with and securing a permit from the Department of Public Works and Highways, which has jurisdiction over the national road.
“His failure to address the noted operational requirements is a reflection of carelessness and lack of due diligence in relation to the performance of his official duties,” part of its ruling read.
The case stemmed from a complaint filed by Pastor Alcover Jr., who questioned the management of the night market, which had operated under a special permit issued by the city government to a private organizer.
Alcover alleged that the organizer was authorized to screen vendors, set stall rental rates, collect fees and retain the proceeds from the market.
He also questioned the lack of consultation with the Garbo Asenso Sumbanan Alyansa sa Gugma Board, a special body established under a city ordinance to oversee and regulate informal trading activities.
Permit violated
Alcover further alleged that more than 600 sellers were allowed to participate in the night market, although the special permit covered only about 100. Operations also allegedly continued beyond the permit’s validity.
The Ombudsman stressed that Archival, as the city’s chief executive, was responsible for ensuring compliance with applicable laws and ordinances.
While a local chief executive may rely on subordinates, it said that he remains ultimately accountable for ensuring compliance with statutory obligations.
The Ombudsman, however, dismissed the other charges of grave misconduct and gross neglect of duty against Archival, citing insufficient evidence of unlawful conduct, recklessness or a willful and flagrant refusal to perform official responsibilities.
It ruled that the circumstances established negligence but did not warrant liability for the more serious administrative offenses.
Aside from the fine, Archival was sternly warned that a repeat of the omission would be dealt with more severely.
Meanwhile, the Ombudsman said it slapped a six-month suspension against Garcia for failing to shut down cockfight derbies held at a hotel and casino in 2024, specifically on May 23 to May 24, Aug. 27 to Aug. 29, and Oct. 11 to Oct. 18.
Since the penalty could no longer be applied to Garcia who lost to Archival in the 2025 midterm elections, the Ombudsman imposed a fine equivalent to his basic salary for six months. The amount will be deducted from the former city mayor’s retirement benefits, accrued leave credits, or other pending receivables, it said.
Unauthorized cockpit
The case stemmed from a complaint filed by a certain Kristian Hassamal, who questioned the holding of the events at the hotel and casino that, according to the Ombudsman, was “neither a licensed cockpit nor a playground or park as contemplated under Presidential Decree No. 449, or the Cockfighting Law of 1974.”
The law, it added, “restricts cockfighting to authorized venues and licensed cockpits, and limits special cockfighting privileges to specified occasions and durations.”
“Respondent Garcia’s act of not interposing any objection cannot be excused as a mere oversight. The legal requirements governing cockfighting are explicit and leave no room for discretion as to venue,” the Ombudsman said, quoting its 15-page decision.
“By allowing the activities to proceed without objection despite their patent illegality, respondent Garcia exhibited inexcusable neglect of duty,” it said.
In a statement posted on social media, Garcia said he disagreed with the Ombudsman’s findings and conclusion, adding that he has filed a motion for consideration.
