DILG to pursue own case vs ex-Cebu mayor Osmena

July 5, 2019

The Department of Interior and Local Government ( DILG) on Friday said they are set to file a separate complaint on the case of former Cebu City Mayor Tomas Osmena.

DILG spokesperson, Undersecretary Jonathan Malaya, said the Ombudsman is the one who can decide whether they will consolidate the cases filed by them and the city government of Cebu.

"The Ombudsman can consolidate that. It's up to them. But for us, as ordered by the Secretary (Eduardo Ano) we will file (own case)," Malaya said in an ambush interview.

Malaya said it is fair to conduct a separate investigation.

"They (Cebu City government) have their own investigation and we have our own because we don't want to copy theirs," he said.

"We just ask them what they will file but we are not in anyway influencing them on what they should do," he added.

Malaya said they are expecting the final report from their regional office by next week.

He said Ano is saddened by the action done by the former mayor.

''It does not set a good example... He can request to reimburse if that is really his personal money. He is the mayor so it can easily reimbursed," Malaya said.

He cannot say what cases the DILG will file against Osmena.

"I cannot announce what are the (cases to be filed) because of the due process also. We have to determine if those donations were recorded, there are some factual issues... we are taking some time because we want to make sure," he said. 

According to the Cebu City legal office, they are preparing to file a case against the former Mayor after his camp broke the walls and removed floor tiles in the office.

They are planning to file a violation of Article 308 of the Revised Penal Code for theft and section 3 of Republic Act 3019 or the Anti Graft and Corrupt Practices Act against Osmena, his personal assistant Raymund Paul Taboada, Department of General Services head Ronald Malacora, two City Planning Development Officer personnel and 32 workers of Dakay Construction and Development Corporation once they finish their investigation.

Malaya said the city legal office cited Sec. 3 (e) of RA 3019 which states, "Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partially, evident bad faith or gross inexcusable negligence."

He said this is the first time this happened.

"(Former) Mayor Tony Osmena is a lawyer. He knows that he cannot remove the immovable object. So it will look redundant if we will release (new guidelines), there's already a rule and he violated it. There is no need for us to issue another set of rules," said Malaya.

A day before newly-elected Mayor Edgar Labella occupied the mayor's office at the eighth floor of the city hall, he was surprised to find out that it was stripped clean. Ella Dionisio/DMS