Ombuds clears Rama from admin raps over closure of resto bar in Capitol Site

The Office of the Ombudsman has cleared former Cebu City mayor Michael Rama of the administrative liability for shutting down a resto bar in Barangay Capitol Site in 2015.

The anti-graft office found no substantial evidence that would show Rama committed grave misconduct, gross neglect of duty, and serious dishonesty when he ordered the closure of Camia Street Café and Restaurant along Don Jose Avila Street.

“The crux of the complaint against Rama is his issuance of the closure order against Camia Street Café and Restaurant. Neither is there substantial evidence, however, against him showing the circumstances that may qualify as constituting grave misconduct, gross neglect of duty or serious dishonesty, nor proof that he frequently used expropriation as an excuse to close down said establishment,” reads the decision.

Businessman Adrian Lee filed the complaint in 2015. He said a locational clearance was issued to them on April 29, 2013. Building and fencing permits were also approved on June 21, 2013 for the construction of his commercial building. Upon its completion, he applied for occupancy permit.

However, during the construction of the building, Antonio Lozada, allegedly a close friend of Rama and owner of the lot behind his property, wrote a letter to Rama through Jose Marie Poblete, who was then officer-in-charge of the Office of the Building Official, inquiring if the construction of the commercial building violated a city ordinance particularly the yard regulation requirement.

Poblete referred the letter-complaint of Lozada to the City Planning and Development Office (CPDO) and the Department of Engineering and Public Works (DEPW).

CPDO found no violation while DEPW found Lee did not comply with the five meter setback requirement under the National Building Code.

Due to the conflicting findings of CPDO and DEPW, the matter was referred to the Cebu City Legal Office (CCLO), which affirmed the findings of the latter.

The CCLO said there were factual and legal grounds for the Cebu City Zoning Board (CCZB) to revoke Lee’s locational clearance and for the OBO to revoke the building and fencing permits and deny the application for occupancy permit.

The CCZB through resolution No. 14-071 revoked Lee’s locational clearance in a Notice of Revocation dated December 4, 2014.

Pursuant to CCZB resolution, Poblete revoked Lee’s building and fencing permits on February 6, 2015.

On June 30, 2015, Rama ordered the closure of Camia Street Café and Restaurant.

Lee appealed his case before the secretary of the Department of Public Works and Highways. The DPWH reversed the Notice of Revocation and ordered the reinstatement of permits. Lee accused Rama of singling out his property.

In his counter-affidavit, Poblete maintained that the issuance of the permits was not absolute and was revocable when conditions under the National Building Code are not complied with.

He said since CCZB and CCLO found that Lee’s building violated the yard regulation requirements, he revoked the building and fencing permits since the locational clearance, which was one of the requirements for the issuance of the permits was also revoked.

Rama for his part said the closure of Camia Street Café and Restaurant was due to the expiration of its temporary business permit. The Ombudsman ruled that the former mayor was acting in accordance with the law when he ordered the closure of the resto bar.