FORMER Cebu City Administrator Collin Rosell has filed several complaints, including child abuse, against Cebu City Mayor Raymond Alvin Garcia and other officials before the Office of the Ombudsman of Visayas on Wednesday, November 20, 2024, following his “illegal arrest” two weeks ago. .

Other respondents were Acting City Administrator Kristine Joyce Batucan, Cebu City Police Office (CCPO) Director Antonietto Cañete and John Does, Police Station 3 Chief Maj. John Lynbert Castigador Yango, as well that the station staff and the head of the city legal office (CLO), Santiago Ortiz Jr.

The complaint includes charges of arbitrary detention, unlawful arrest, tumultuous disorder, physical injury, serious threats, serious coercion, malicious mischief, violation of the new Philippine Passport Act, violation of law of 1998 on the regulation of access devices, the violation of article 10 of the Anti-Child Act. Abuse Act, serious misconduct, serious negligence of duty and serious abuse of authority.

Rosell prayed for damages and issuance of an order of preventive suspension against the said officials.

On November 8, CCPO personnel led by Cañete arrested Rosell following a complaint of usurpation of authority and resisting arrest in former Mayor Michael Rama’s office at City Hall and detained him at police station 3 overnight, until he posted bail the next day. November 9.

Complaint

At a press conference on Wednesday, November 20, Rosell explained why his complaint included violating the child abuse law. He said the confiscation of his personal belongings during his alleged illegal arrest disrupted his ability to earn a living.

Rosell said the confiscated items included his credit cards, smartphone, laptop and other devices, as well as his ID cards, documents and passport, which were crucial to his job.

After his release, Rosell said he asked CCPO for the return of his belongings. However, he was informed that the items were at the town hall. He was then told they could not be released for unspecified reasons.

When Rosell was arrested, the current administration padlocked Rama’s office, but the gadgets believed to belong to Rosell and left inside were visible on the glass door.

Rosell said he has three children to support and also supports his brother’s six children in his care. He said the incident affected his ability to earn a living.

He also questioned the legality of his arrest, as no arrest warrant had been issued for him, and insisted that he had not committed any crime.

While in custody, Rosell said authorities were unable to explain to him or his lawyer the nature of his arrest or whether a complaint had been filed with the prosecutor’s office following his arrest without a warrant. . This prompted Rosell’s camp to post bail on the grounds that it fell within his right to liberty in the absence of a formal complaint.

Rosell was fined P30,000 for usurpation of authority and P3,000 for resistance and disobedience.

Rosell claimed that the delay in filing the case, particularly on the part of the arresting officer, identified as Cañete, was a deliberate act, leading him to conclude that there was “arbitrary detention,” emphasizing that prosecutors were available on the day of his arrest. .

Dismissal

Meanwhile, Rosell and attorney Mikel Rama, son of former Mayor Rama, reiterated Wednesday that the ombudsman’s order of removal and disqualification against the elder Rama has not yet been served.

Rosell explained that the elder Rama is still the local chief executive of Cebu City as the documents regarding the decision directly from the ombudsman have not yet been received by their camp.

The two lawyers also questioned the legitimacy of Garcia’s membership through a memorandum of order from Department of the Interior and Local Government (DILG) 7 Director Leocadio Trovela.

Mikel Rama said documents, such as proof of service of the dismissal order and authorization from the DILG to execute the order, are crucial elements for the proper execution of the Ombudsman’s directive.

He explained that they have sent letters to DILG 7 and its central office as well as the Ombudsman-Visayas and its central office to provide these documents, but these have not yet been released to them.

Upon verification, it was found that the Ombudsman’s order was served on October 5, 2024, which raised concerns.

Mikel pointed out that no Ombudsman or sheriff’s representative came to his father’s residence at Espina Compound on B. Rodriguez Street to serve the order.

The alleged service of the order was led by the CLO with CCPO staff led by Cañete after the Office of Human Resources Development and the Acting Mayor’s Office reportedly received the order at City Hall on the same day.

Mikel explained that previous communications regarding his father’s accusations of nepotism were sent directly to Espina’s compound, which made him doubt the origin of the firing order.

In the latest statement from the DILG central office, Mikel said it was the public information office and not Secretary Jonvic Remulla that issued the statement clarifying whether the agency had received the ombudsman’s order to implement Rama’s dismissal.

Mikel said the DILG responded to their communication saying it was “not aware” of the implementation.

Rosell said that, based on the memorandum from Trovela’s office, he was instructed to verify whether the ombudsman’s order had been served and to confirm whether there was a permanent vacancy.

Trovela then ordered the ascension and immediate swearing-in of Garcia as mayor in his own right, he said. Rosell questioned the legitimacy of this directive.

Furthermore, the two lawyers argued that the elder Rama has not yet been removed from office and is still the elected mayor of Cebu City.

Mikel said his father will return to City Hall at an unspecified date in the future.