Supplemental complaint filed vs Mayor Osmeña

Apas Barangay Captain Ramil Ayuman has filed a supplemental complaint against Cebu City Mayor Tomas Osmeña over the controversial donation of two Dodge Charger cars before the Office of the President last September 12.

This, after Ayuman got hold of new documents that would bolster his allegations that Osmeña accepted two US-made Dodge Charger cars from businessman Michael Gleissner, chairman of Bigfoot Entertainment, during his previous term as mayor.

In the supplemental complaint, Bureau of Customs record reportedly showed that the alleged sale of the subject vehicles to Osmeña's nephew, Paolo Jacinto, is not allowed.

"However, documents from the Bureau of Customs clearly show that the alleged sale of the subject vehicles to respondent Osmeña's nephew is not allowed, thereby casting serious doubt on respondent Osmeña's excuse or claimwhich was merely an afterthought flimsily to evade administrative and criminal liability for taking subject Dodge Chargers for Osmeña's personal gain," the complaint reads.

In addition, an Invoice No. DC2008-02 dated October 20, 2008 was attached into the supplemental complaint stating the said vehicles were not for sale but rather it is intended to be used as props for a movie production.

With these documents, the alleged sale of the Dodge cars to Jacinto is allegedly highly anomalous and merely simulated in order for Osmeña to evade criminal and administrative liability for allegedly taking personal gain on the said vehicles, Ayuman added.

Osmeña denied Ayuman's allegations.

"The cars were never given to the city. The intention is not for sale. He (Gleissner) intended at one point giving it to the city when I was the mayor, but he hates Mike Rama. And Mike Rama came here, so he decided not to give it. So, you cannot say, at one point, he was considering that he would give it. Then, he is obligated to give it to the city," he said.

The mayor said Ayuman has no basis to accuse him over the transaction of the Dodge cars.

"No basis even if he gave the cars to me. It's legal because the prohibition is only after one year when I was the mayor and it was four years old when my nephew bought it," he said.

Osmeña said Ayuman's allegations were made out of desperation just to get him suspended in his position.

"The cars were no longer in use by the studio. It was never donated or sold to the city. The city did not agree to any donation. No deed of conveyance nor a city council resolution was made authorizing or accepting the vehicles. Paolo or Minnie was never a public official," he said.

"If the Office of President were to follow the law, they will rule in my favor. I am very clear about that but Michael Dino (Presidential Assistance for the Visayas) is there maneuvering just to get (a) temporary suspension. Well, they can play it too and I am not confident about that, but all they have to do is refer the case to the Ombudsman that has been reviewed and signed by Morales dismissing the case," Osmeña added.

Last Oct. 13, 2016, the Office of the OmbudsmanVisayas dismissed the case that was filed by former mayor Michael Rama against Osmeña for lack of probable cause.

"I am the administrator of estate of Serging Osmeña and Lourdes Osmeña and over past few years I paid P50 million in taxes, unya mokawat pako'g awto? Unsa mani sila?" Osmeña said.

Ayuman added that aside from the invoice, the packing list of the vehicles provides that it is not for sale.

"Any transfer of the subject Dodge Chargers to any person, including respondent Osmeña's nephew, Paolo Jacinto, a relative within fourth degree of consanguinity, is highly doubtful and leads to no other conclusion that said transfers were done to cover up the respondent's selfish, dishonest, and unlawful acts," the supplemental complaint read

With these pieces of evidence, Ayuman said it shows that Osmeña is guilty of grave misconduct and serious dishonesty for allegedly violating Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees and Presidential Decree No. 46 that makes it punishable for public officials and employees to receive and for private persons to give gifts on any occasions.

Section 4 of Republic Act 3019 provides that "it shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government in which such public official has to intervene."

Section 7 of Republic Act 6713 also prohibits public officials and employee to have transactions with private individuals.

Last Feb. 14, Ayuman filed the complaint against Osmeña, accusing the mayor of grave misconduct and serious dishonesty for allegedly owning two units of Dodge Charger vehicles donated by Bigfoot Global Solution to the city government.