Tom faces graft
A criminal complaint was filed before the Office of the Ombudsman-Visayas against Cebu City Mayor Tomas Osmeña and City Treasurer Tessie Camarillo for allowing the operation of an “illegal” terminal in Barangay Kamagayan.
Opposition Councilor Raymond Alvin Garcia accused Osmeña and Camarillo of violating section 3 (a), 3 (e), and 3 (f) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
“The illegal acts of respondent Osmeña and the circumstances surrounding such act clearly show the deliberate and flagrant intent on the part of respondent Osmeña to violate the law and to disregard the established rules governing establishment and operation of public terminals in the City of Cebu,” Garcia said in the complaint filed last March 24.
Garcia said Osmeña “persuaded, induced, and influenced” Camarillo to be complicit in the “illegal activity” as the City Treasurer’s Office has collected P1.26 million from the “miscellaneous fees” since November to February.
On February 12, 2003, the City Council enacted City Ordinance 1958, which regulates the establishment and operation of terminals for public utility jeepneys and V-hire vehicles in the city.
In fact, it was Osmeña who approved the ordinance since he was also the mayor in 2003. Sought for comment, Osmeña said he is just applying what is good for the public.
“There has to be a sense of continuity in providing service for our Cebuanos. True, they are not from Cebu City but we’re just doing it for the public good. And right now, this is basically an experiment which we are trying to see which we can institutionalize,” he said.
VIOLATIONS
Garcia said Osmeña allowed the operation even with the absence of the Certificate of Accreditation duly approved and issued by the City Council pursuant to the recommendation of the Terminal Accreditation Committee (TAC).
“Such approval (for the operation of the terminal), therefore, is a bold, arrogant, unlawful, and malicious defiance by respondent Osmeña of the clear and unequivocal provisions of Ordinance No. 1958,” Garcia said.
He said the mayor has caused “undue injury” to the city government and gave “unwarranted benefits and preference” to the operators of the V-hire terminal.
Under the ordinance, the city is obliged to collect a registration fee of P2,000 per V-hire unit annually. Also, the city is obliged to collect a terminal fee in an amount equivalent to the one-way fare of one passenger per trip.
The city is also mandated to ask for an accreditation fee of P20,000 and regulatory fees that may be imposed for the privilege of carrying on the business of operating the terminal.
“By expressly and unjustifiably allowing the illegal operation of the V-hire terminal in Barangay Kamagayan, respondent Osmeña has therefore deprived the city government of the needed revenues to the detriment and injury of the latter and gave unwarranted benefits, advantage and preference to the terminal operators through manifest partiality, evident bad faith and gross inexcusable negligence,” the complaint reads.
Garcia cited Section 5 (a) of the existing ordinance which requires that the terminal must have a minimum area of 2,000 square meters wherein 70 percent of which should be allocated as holding point and 20 percent of the area is for the passengers’ service point and 10 percent of the area is for the administration point and security guard post.
He said the existing terminal is within a 400-square meter lot in Barangay Kamagayan. Another violation is the prohibition of the ordinance to establish a terminal within 300-meter radius from a block that includes the central downtown area.
Garcia said the existing terminal is not only within the 300-meter radius from the central down town area, but it is within the central downtown area, which is a “clear and flagrant” violation of the ordinance.
He said the terminal should have three water closets, three urinals, and three lavatories for men and at least five water closets and five lavatories for women within the premises. He said there are no comfort rooms in the area, adding that it poses health issue.
Garcia said there is also a gasoline station, which does not have the necessary permits, inside the terminal. Another violation is the absence of memorandum of agreement, contract of lease, among others.
“There is sufficient basis to conclude that the terms and conditions that govern the relationship between the Cebu City Government and the V-hire terminal operator in Barangay Kamagayan were included in the private agreement between the person who approved the establishment and operation of the terminal and the terminal operator,” Garcia said.
“This arrangement, aside from being highly illegal and irregular, is a very fertile ground for graft and corruption,” he added.
Osmeña said he is allowing the operation of the terminal in Barangay Kamagayan for the best interest of the city since many of the passengers from the south are working in the city. If he will not allow the terminal, he said these people may squat in different barangays in the city.
“Ayaw gamita ang balaod para mo-agwanta ang mga tao uy. True, these people cannot vote for me but I’m just trying to help them. We’re all Cebuanos,” he said.
Osmeña said the provisions of the ordinance will be complied with after the evaluation of the terminal. He said the terminal is a new project, and he is just testing it.
“We want to see how it will work and then we will know how it should be approved. It’s still under evaluation. We can stop it tomorrow morning,” he said.
In September 2016, the city started the V-hire terminal in Barangay Kamagayan which houses over 200 southbound V-hires.
Garcia recalled that City Councilor Pastor Alcover Jr. delivered a privilege speech on February 28 recounting all the alleged irregularities of the V-hire terminal. The City Council, through the resolution of Alcover, asked Osmeña to close the terminal.
“Despite the experimental nature of the V-hire terminal operation in Barangay Kamagayan, the unknown or unnamed operator of the V-hire terminal through his caretaker Douglas Labra, collects a terminal fee of P175 per van per entry,” the complaint reads.
Garcia alleged that part of the terminal fee goes to the city government and the other part goes to “the unknown or unnamed terminal operator.”