Mayor faces Ombudsman case for ‘abuse of authority’

He won’t give aid or promise relocation sites for Mahiga Creek settlers whose illegal shanties are being demolished.

For this, Cebu City Mayor Michael Rama has been hauled to court for grave abuse of authority.

An administrative complaint was filed yesterday against Rama and three other City Hall officials before the Ombudsman-Visayas Office.

About 60 residents went to the office to file the complaint, which has the support of the mayor’s mentor-turned-critic Rep. Tomas Osmeña. (See related story on page 2..

Also accused were Noel Artes, chief of the Squatters Prevention, Elimination, and Encroachment Division (Speed); and Alvin Santillan and Harold Alcontin of the Cebu City Disaster Coordinating Council.

The residents were aided by the urban poor group, Pagtambayayong Foundation, whose president Francisco Fernandez was Cebu city administrator during the term of then mayor Tomas Osmeña.

The settlers, who are supported by Osmeña, are due to file a civil case before the Regional Trial Court (RTC) to stop the ongoing demolition.
In their complaint, the residents said the mayor “adamantly refused” to provide any relocation or financial aid to them and other affected families.
They said their houses were demolished without due regard of their rights.

Adequate consultation

They cited section 29 of Republic Act 7279 or the Urban Development and Housing Act, which mandates local government units (LGUs) to provide relocation sites with basic services and facilities in coordination with the National Housing Authority.
The complainants said there should be “adequate consultation and relocation for settlers” before any eviction or demolition is carried out.
Fernandez said the mayor violated the Urban Housing Act and was also administratively liable for violating a memorandum by the Department of Interior and Local Government (DILG) directing local officials to comply with the Urban Housing Law.

Mayor Rama ordered the Speed to demolish the houses of the complainants last May 9 and finish it before the rainy season set in next month.
The Mahiga Creek passes through at least five sitios in barangay Mabolo: Sindulan, Lahing-lahing, San Isidro, Holy Name and Magtalisay.
At City Hall, Mayor Rama, who vowed in February to clear the Mahiga creek of illegal structures to avoid flooding and loss of lives, said he would continue his campaign.

“I never threatened them, I tried to explain to them that I am doing this in accordance with the law. They have their own law … if it reaches the court, then I will face them,” Rama said.

The mayor earlier agreed to build a temporary relocation site for displaced families and offered empty container vans.

But he refused to give financial aid or promise a housing site, saying this would send the wrong signal and encourage more squatters.

Vice Mayor Augustus Young said while he understands Rama’s concern, he hopes the mayor will reconsider.
“It’s not entirely true. There are deserving beneficiaries,” Young said.

‘Listen to them’

He said the case filed against Rama will send an “even stronger message” to the mayor to reconsider his decision.

“The whole City Council is behind him 101 percent with regard to the cleaning of creeks and rivers” Young said.

Rama said it was only fitting that his predecessor, Rep. Tomas Osmeña of Cebu City’s south district, agreed to provide financial assistance to the settlers.
The mayor said Osmeña failed to resolve the problem of the settlers during his nine-year tenure.

Osmeña toured the Mahiga Creek site along with Councilor Alvin Dizon and talked with the affected residents yesterday morning.
The former mayor-turned-congressman chided Rama for ignoring the plight of the residents.

“He should listen to the residents but I don’t know if he’s listening to anyone anymore. He listens to no one but God … as to who his God is, your guess is as good as mine,” Osmeña said.

Rama also called on commercial establishments living near the creek to provide assistance to the families since their eviction will benefit them.
Rama said he will stand by his decision to continue the demolition of houses at the Mahiga Creek. With Correspondents Fatrick Tabada and Edison delos Angeles