Penalized by Ombudsman, Archival poorer by P200K

Local

CEBU City Mayor Nestor Archival has committed to pay the administrative fine imposed over lapses in the 2025 Colon Street Night Market, with the penalty equivalent to one month of his basic salary under Salary Grade (SG) 30 for highly urbanized city mayors.

Archival said that he respected the Office of the Ombudsman’s ruling and would comply with its directive, although the payment had yet to proceed.

“I respect the Ombudsman's decision; second one, I’ll obey,” Archival said in an interview on Thursday, Oct. 29.

The mayor said a representative had gone to the Ombudsman’s office the previous day, but the payment could not proceed because the office still needed to receive a required notice.

Under the government’s salary standardization system, highly urbanized city mayors fall under SG 30, with monthly basic pay ranging from ₱196,199 to ₱226,319, depending on the salary step. The exact amount of Archival’s fine will depend on his applicable basic salary.

The Ombudsman found Archival liable for simple neglect of duty over regulatory deficiencies in the night market’s operation in 2025. The office also warned that repeating the same omission could result in a more severe penalty.

The case stemmed from a complaint filed in October 2025 by City Councilor Pastor “Jun” Alcover Jr., who questioned the city government’s handling of the night market and its arrangement with the Participative Association of Sugbo Vendors Inc. (PASVI).

The Ombudsman’s findings centered on compliance with road-closure requirements and the issuance of business permits.

Colon Street is a national road, requiring authorization from the Department of Public Works and Highways for its use. The decision found that the necessary authorization had not been secured for the night market’s operation.

The office also cited noncompliance with Cebu City Ordinance No. 2131, which requires road closure applications to be filed at least two months in advance and limits closures to two days.

Another deficiency involved the timing of business permit approvals.

Records showed that the Business Permit and Licensing Office issued a permit on September 1, 2025, although the night market had started operating on Aug. 30. A subsequent permit was issued on Oct. 20 for operations that began on Oct. 16.

The Ombudsman held Archival accountable for failing to ensure that these requirements were met, noting that the licensing office operated under his direct supervision.

The ruling stressed that the mayor’s reliance on subordinate officials did not remove his responsibility to ensure compliance with applicable laws and ordinances.

While identifying these lapses, the Ombudsman distinguished the failure to meet regulatory requirements from the question of whether the night market itself had a legal basis.

The decision considered the Cebu City Council’s authorization for the temporary closure of Calle Colon, from Osmeña Boulevard to Pelaez Street, along with a legal opinion from the City Legal Office and favorable recommendations from the Cebu City Transportation Office.

These circumstances formed part of the basis for dismissing the allegations of grave misconduct and gross negligence, as well as the charge involving Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.

The office found insufficient evidence to establish the more serious administrative offenses alleged against Archival.

It also rejected the claim that the arrangement with PASVI violated the procurement requirements cited by Alcover, ruling that the issuance of a special permit to operate the night market did not fall within the procurement law’s coverage of infrastructure projects, goods, and consulting services.

The administrative complaints against City Treasurer Emma Villarete and former City Administrator Albert Tan were likewise dismissed for insufficient evidence of their participation in the questioned operation or neglect of their official duties. The Ombudsman also denied Alcover’s request for preventive suspension.

Despite his commitment to settle the fine, Archival has yet to announce what the ruling means for the night market’s future.

He said he was still reviewing the decision and would make a determination after paying the penalty.

“Moving forward, I’m looking into the decision, then I’ll make the decision right after ko makabayad,” he said.

Asked whether the night market would continue operating, Archival said the city first needed to understand the notice it had received.

“This is something we need to understand, gikan sa notice. Makahibalo ra mo ana,” he said.(TGP)