Writer; Alex<\/p>\n\n\n\n

MICHAEL Rama, the dismissed mayor of Cebu City, didn\u2019t hold back in criticizing his former ally, Mayor Raymond Alvin Garcia, calling him a \u201cmananapaw,\u201d or usurper.<\/p>\n\n\n\n

Rama has directed his legal team to file charges against Garcia.<\/p>\n\n\n\n

\u201cI am now, and I have been, telling my lawyers\u2014[it\u2019s] already long overdue\u2014to file all cases against sa mananapaw (the usurper). File all cases available against sa mananapaw (the usurper). That is my direction,\u201d he said in a press conference on Thursday, Oct. 31, 2024<\/p>\n\n\n\n

\u201cWe have a legal and substantial foundation to file a case, and I am very serious about it. It\u2019s better late than never against Raymond Garcia,\u201d he added.<\/p>\n\n\n\n

Rama said he is the elected official, asserting that he was not dismissed or removed from office.<\/p>\n\n\n\n

\u201cBuhi pa si Mike Rama, (apan) nawala na (sa posisyon), gisapawan na (Mike Rama is still alive, but he is no longer in his position because it has been usurped)\u2026I am just being frank,\u201d he said.<\/p>\n\n\n\n

Rama questioned the legitimacy of Garcia\u2019s assumption of office as full-fledged city mayor, describing it \u201chasty and invalid.\u201d<\/p>\n\n\n\n

Rule of law<\/strong><\/p>\n\n\n\n

When asked to respond to being labeled \u201cmananapaw\u201d (usurper), Garcia said in a phone interview that he was simply following the rule of law and the directive from the Department of the Interior and Local Government (DILG) to take his oath as full-fledged mayor.<\/p>\n\n\n\n

A running mate of Rama in the 2022 elections, Garcia won the race for the vice mayor\u2019s seat.<\/p>\n\n\n\n

Garcia assumed as acting mayor after the Ombudsman suspended Rama and other City Hall officials for six months, starting on May 8, 2024, due to allegations of grave misconduct related to unpaid salaries of four employees.<\/p>\n\n\n\n

Before he could return to office in the second week of November, Rama was found guilty on Oct. 3 by the Ombudsman of nepotism and grave misconduct for allegedly hiring his two brothers-in-law as casual employees at City Hall. The anti-graft office dismissed him from service and disqualified him from holding any government position.<\/p>\n\n\n\n

Rama and his allies filed their certificate of candidacy (COC) on Oct. 3. Garcia is also running for mayor with Jose Daluz III, the former board chairman of the Metropolitan Cebu Water District, as his running mate.<\/p>\n\n\n\n

Hours after Rama filed his COC, copies of the Ombudsman\u2019s decision went viral online.<\/p>\n\n\n\n

\u2018Still qualified\u2019<\/strong><\/p>\n\n\n\n

Rama said he is still qualified to run for public office and seek a new term under Partido Barug in the midterm elections in May 2025.<\/p>\n\n\n\n

Supporting his claim that he was not dismissed from service, Rama said that he has yet to receive an official copy of the Ombudsman\u2019s decision that includes his dismissal from office and perpetual disqualification from holding public office.<\/p>\n\n\n\n

Rama said his legal team had contacted the Office of the Ombudsman-Visayas and the DILG 7, both of which reportedly were unaware of the decision and would need to consult their central offices.<\/p>\n\n\n\n

Attempts by the Cebu City Police Office to deliver the Ombudsman\u2019s decision to Rama\u2019s residence on Oct. 5 were unsuccessful, as Rama\u2019s camp did not accept it, citing that no representative from the Ombudsman had officially served the decision.<\/p>\n\n\n\n

Rama also complained about the \u201cindecent\u201d treatment from the DILG 7. He said that his police detail was immediately withdrawn after Garcia took his oath of office on Oct. 9 before DILG 7 Director Leocadio Trovela.<\/p>\n\n\n\n

Rama said he did not create the division between himself and Garcia but noted it was evident in Garcia\u2019s policy changes at City Hall and his decision to run for mayor in 2025.<\/p>\n\n\n\n

TRO<\/strong><\/p>\n\n\n\n

Last Oct. 22, the Supreme Court issued a Temporary Restraining Order (TRO) on Comelec Resolution 110044-A, which had called for the immediate disqualification of candidates facing perpetual disqualification from the Ombudsman.<\/p>\n\n\n\n

Rama\u2019s legal counsel, Joselito Thomas Baena, said that unlike TROs from lower courts, which expire, a TRO from the Supreme Court remains valid until lifted.<\/p>\n\n\n\n

Rama\u2019s TRO petition was filed on Oct. 7 as a counter to a petition filed with the Comelec by Jundel Bontuyan, which sought to disqualify Rama from running based on the Ombudsman\u2019s dismissal and disqualification order. Bontuyan had urged the Comelec to cancel Rama\u2019s COC and remove his name from the 2025 election ballot.<\/p>\n\n\n\n

Rama\u2019s son, Mikel, clarified during the press conference that for the Comelec to remove a candidate\u2019s name from the ballot, there must be a petition for COC cancellation or disqualification.<\/p>\n\n\n\n

Grounds for cancellation include material misrepresentation on the COC, while grounds for disqualification involve ineligibility or an election offense.<\/p>\n\n\n\n

Mikel said that for a disqualification to take effect, a \u201cfinal and executory\u201d decision is required.<\/p>\n\n\n\n

\u201cMag-abot gyud ta sa Supreme Court, alang sa \u2018final and executory,\u2019\u201d he said, suggesting that the matter could ultimately be decided by the Supreme Court.<\/p>\n\n\n\n

Collin Rosell, another member of Rama\u2019s legal team, stated that with the TRO in place and the dismissal order yet to be officially served, Rama\u2019s candidacy remains unaffected by the ongoing petitions.<\/p>\n