What you need to know about the raps filed against the mayor, more about Rosell’s arrest

ON NOVEMBER 20, 2024, Collin Rosell, former Cebu City Administrator, filed several complaints against Cebu City Mayor Raymond Alvin Garcia along with other city officials, over his arbitrary detention and what he described as an illegal arrest two weeks before.

The complaints, which were filed with the Visayas Office of the Ombudsman, cover a range of allegations, including child abuse, physical injury and gross misconduct, among others.

The respondents

The individuals named in the complaint include:

• Mayor Raymond Alvin Garcia

• Acting City Administrator Kristine Joyce Batucan

• Cebu City Police Office (CCPO) Director Antonietto Cañete

• Precinct 3 Police Major-Chief John Lynbert Castigador Yango

• City Legal Office Chief (CLO) Santiago Ortiz Jr.

Rosell also accused those officials of gross abuse of authority and other violations and demanded damages as well as preventive suspension of the officials involved.

The incident: Rosell’s arrest

On November 8, 2024, Rosell was arrested by CCPO personnel led by Cañete following a complaint of usurpation of authority and resisting arrest.

The arrest took place at the office of former Mayor Michael Rama at Cebu City Hall. Rosell was detained at Police Station 3 overnight and released on bail the following day.

accusations

Rosell detailed his reasons for including a violation of the Child Abuse Act in his complaint.

He said the confiscation of his personal belongings during his arrest — including his credit cards, smartphone, laptop, passport and identification documents — disrupted his ability to work and earn a living.

Rosell further explained that these items were essential to his work, and after his release, he requested their return from the CCPO, but was told that the items were at City Hall and could not be released for unspecified reasons.

During Rosell’s arrest, his gadgets that were left in Rama’s office were visible through the office’s glass door. The office had been locked by the current administration.

Rosell expressed concern about the effect the incident has had on his family, as he is the primary provider for his three children and six nieces and nephews.

Questioning the legality of the arrest

Rosell raised questions about the legality of his arrest, pointing out that no arrest warrant had been issued against him.

He also questioned whether the complaint was properly filed with the prosecutor’s office before the warrantless arrest.

Rosell’s camp posted bail on the grounds that his right to liberty had been violated in the absence of a formal complaint. He was fined 30,000 lei for usurpation of authority and 3,000 lei for resistance and disobedience.

Alleged arbitrary detention

Rosell argued that the delay in filing the case — particularly by the officer who arrested Cañete — was intentional, calling it a case of arbitrary detention.

He noted that prosecutors were available on the day of the arrest, but no case was made, leading him to believe the delay was intentional.

Dismissal order controversy

Rosell and lawyer Mikel Rama (son of former Mayor Rama) also addressed the dismissal and disqualification order by the Ombudsman against former Mayor Michael Rama, saying the order has not been enforced.

They questioned the legitimacy of Mayor Garcia’s accession as mayor through a memorandum order by Department of the Interior and Local Government (DILG) 7 Director Leocadio Trovela.

Ramas said the dismissal order was not properly communicated to them, raising doubts about the process. They also claimed that important documents such as the proof of notification of the dismissal order and the authorization from the DILG were never provided.

What happened to the dismissal order?

Although it was confirmed that the dismissal order of the Ombudsman was communicated on October 5, 2024, Mikel Rama questioned why no representative or sheriff of the Ombudsman arrived at the family’s residence to deliver the order, as happened with previous communications with regarding allegations of nepotism. He noted that it was the CLO and CCPO staff who tried to execute the order at City Hall without proper verification.

Ramas also said that the DILG was not involved in the proper implementation of the Ombudsman’s order, citing responses from the DILG Central Office that indicated they were not “aware” of the execution of the order.

Ongoing developments

The impeachment and accession controversy continues, with Rosell and Mikel Rama claiming that Michael Rama is still the elected mayor of Cebu City.

Mikel Rama said his father will return to City Hall once the legal issues surrounding the dismissal order are resolved. (SunStar Cebu)