The word war between Cebu City Mayor Michael Rama and Rep. Tomas Osmeña of Cebu City’s south district over the status and origin of two US-made Dodge cars will have to be resolved by the Ombudsman Visayas.
One bone of contention is Rama’s claim that the sedans were donated to the city by Bigfoot Entertainment. The Cebu city government seal on one of the cars raises this possibility.
Not so, said Osmeña, who dares him to show a deed of donation. He had one sedan painted white. And to nip a growing scandal, he had the second one, a lookalike police patrol car used in proud view of the funeral cortege of the late Interior Secretary Jesse Robredo, put in the shop to be painted blue.
A coat of paint won’t cover the evidence or remove the controversy.
Even if no donation papers can be produced, the status of the cars, being a moveable object — unlike real estate or a building — can be established as the subject of donation by actual use (as it has been pulicly paraded during Osmeña’s term as mayor as security vehicles for patrolling the South Road Properties).
What should get the congressman more worried is dragging his benefactor, Bigfoot Entertainment owner Michael Gleissner or his sister into what could be a messy anti-graft complaint.
Osmeña told the truth when he said Gleissner, a buddy and big-time SRP investor, wanted to donate the sedans to Cebu City. He was such a good friend, he allowed Osmeña’ during his term to use it as if it really did belong to City Hall.
According to Osmeña, Gleissner had no more intrest to donate the cars after realizing that his friend would no longer be mayor after 2010, or for three years at least. That leaves an expensive gift in the hands of a former mayor.
A receipt for payment or contract for sale is Osmena’s proof that no donation ever took place.
Such documents, however, can also seal the allegation that a gift of value has changed hands between a major investor of Cebu City and the official whose approval was needed in that transaction.
Offhand, that may look like an ordinary give and take for a business deal.
Under the Anti-Graft and Corrupt Practices Act, however, Section 4 lays out a “prohibition on private individuals”.
“It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly requesting or receiving any present, gift or material or pecuniary advantage from any othe person having some business, transaction, application, request or contract with the government, in which such public official has to intervene.”
The last thing a private businessman wants to face in dealing with City Hall is to be summoned for a graft case.