Mike asks BBM to suspend Gwen
CEBU CITY (March 22, 2024) – Mayor Mike Rama has filed an administrative case against Cebu Gov. Gwendolyn Garcia for issuing an order to stop the Cebu Bus Rapid Transit (CBRT) project.
While in Taiwan, the mayor submitted his complaint before the Office of the President through city lawyers on Wednesday, March 20.
He also asked President Ferdinand “Bongbong” Marcos, Jr. to preventively suspend Garcia as she “has the power to influence potential adverse witnesses or tamper evidence that could incriminate her.”
In his complaint, Rama said Garcia committed several violations when she issued a cease-and-desist order against Hunan Road and Bridge Construction Group Co. Ltd. (HRBCGCL) over construction activities related to the CBRT project.
HRBCGCL is the contractor of the first phase of the mass transit project.
The mayor said Garcia committed abuse of authority, oppression, grave misconduct, and violated the Code of Ethical Standards for Public Officials and the Anti-Graft and Corrupt Practices Act when she issued Memorandum No. 16-2024 against HRBCGCL.
He said Garcia further ordered the Philippine National Police to monitor the memorandum’s strict implementation, which the mayor described as a “dangerous precedent.”
“It need not be said that Governor Garcia’s act of calling police elements would set a dangerous precedent and evince a chilling effect on the extent of a provincial governor’s administrative powers over local affairs,” Rama said in his complaint.
Undue interference
The mayor said Garcia failed to heed President Marcos’ initiative to improve mass transportation when she attempted to block the CBRT project that the three of them attended during the groundbreaking on Feb. 27, 2023 with Transportation Secretary Jaime Bautista.
The CBRT project is part of Marcos’s pograms to improve mass transportation, with an allocated budget of P28.78 billion.
Marcos has expressly given the infrastructure a high priority to improve public mobility.
“Her (Garcia) interference with the CBRT project has left the infrastructure program in limbo, with no certainty of its status,” the mayor said.
“Contrary to Governor Garcia’s stance, it is the very assailed memorandum which has caused an undue burden to the commuting public in Cebu,” he added.
Rama said the power to restrain construction of national government infrastructure projects, such as the CBRT, is a judicial power vested only with the Supreme Court.
“The foregoing acts of Governor Garcia disregarded well-established rules and defied the expressly-delineated powers reserved only to agencies of the national government, which could constitute abuse of authority,” he said.
“Governor Garcia should be reminded that the Local Government Code only grants her administrative powers with respect to local affairs. She cannot dictate the thrust of national infrastructure projects, much less impose a requirement for her to approve them prior to implementation,” he added.
No respect for local autonomy
Mayor Rama also highlighted in his allegations that Garcia has no business to meddle with the city’s affairs.
As a highly urbanized city (HUC), Cebu City is independent of the province, he added.
“In a nutshell, Governor Garcia cannot meddle with affairs of (a) HUC. As ordained by the Local Government Code, only through the President, thru his direct supervisory powers, can do so,” the mayor added.
Rama also questioned the timing of Garcia’s opposition when she did not express any criticism in the past against the CBRT.
The mayor said Garcia was even present with Marcos when the CBRT project was inaugurated in February last year.
“She could have interposed her objection to the implementation of the CBRT Project prior to the start of its construction in a proper forum. But she did not,” the mayor added.
Garcia was even quoted in a speech during the ceremony, saying: “Finally, we see ground broken on what had been conceived, conceptualized, planned for and talked about for many, many years.”
“This CBRT Project will finally, finally become a reality for us Cebuanos,” she added.
Rama vowed to sue Garcia and other CBRT oppositors on a March 7 episode of Ingna’ng Mayor over Sugboanon Channel.
Aside from Garcia, among those opposing the completion of the CBRT project are the Cebu Provincial Board, the League of Municipalities in the Philippines-Cebu chapter, and Council James Anthony Cuenco.
| PPRMN / jkv