- 1 week ago
Join us as we as we discuss the complaint filed against Cebu City Mayor Nestor Archival over alleged conflict of interest involving his property inside Monterrazas de Cebu.
We look into Archival’s response, his decision not to issue a cease-and-desist order, and the technical findings surrounding Monterrazas and downstream flooding.
The discussion also covers the developer’s flood-control measures and the Ombudsman complaint against the mayor.
Beyond the Headlines — Look Deeper. Think Deeper.
We look into Archival’s response, his decision not to issue a cease-and-desist order, and the technical findings surrounding Monterrazas and downstream flooding.
The discussion also covers the developer’s flood-control measures and the Ombudsman complaint against the mayor.
Beyond the Headlines — Look Deeper. Think Deeper.
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NewsTranscript
01:00One cup at a time.
01:02Your perfect latte is ready.
01:04Coffee first, then everything else.
01:08Can Mayor Archibald remain completely impartial when the government decision he controls directly involves property that he personally owns?
01:20Does declaring the property in his salen completely address the conflict of interest concern?
01:27Good afternoon and welcome to Beyond the Headlines.
01:30I'm DJ Moises and this conversation is brought to us by Coffee First.
01:34A complaint filed with the Ombudsman by Ed Carlon Rama accuses Archibald of violations of Section 3E and 3H of
01:46the Anti-Graft and Corruption Practices Act along with grave misconduct, grave abuse of authority, and conduct prejudicial to the
01:56best interest of the service.
01:58Rama specifically points to the mayor's property ownership and his refusal to issue a cease and desist order.
02:07Archibald says the property was acquired before he became mayor and was properly declared, and he argues that decisions should
02:15be based on technical and legal findings rather than political pressure.
02:20He also cited findings from DENR, UP, the Philippine Institute of Civil Engineers, and the city's Technical Infrastructure Committee.
02:31Vice Mayor Tommy Osmeña demanded a cease and desist order, warning about the consequences of another major flooding event, while
02:40Archibald has rejected the demand, saying,
02:42there isn't sufficient evidence or basis for a shutdown, and pointing to the project's detention plans and other technical information.
02:53Would Archibald make exactly the same decision if he did not own property inside Monterazas?
03:00Let's look deeper and think better.
03:05So, it was a particular concern.
03:08It surfaced about last week, and as the days are progressing, we are seeing more and more angles to this.
03:19So I think last week, that's when we heard that a case has been filed with the Ombudsman, and just
03:25yesterday, Mayor Archibald also made his own statement.
03:30So if we are to look at it, then, let's check the facts first.
03:36So Mayor Archibald actually confirmed that he owns a 713 square meter lot inside Monterazas.
03:45So in my view, I'm not a lawyer, but I represent the perspective also of everyday Sabuanos, the fact by
03:53itself does not prove corruption.
03:57Because Mayor Archibald also stated that he acquired the property in 2016 before he became mayor,
04:04and that he even declared it in his Statement of Assets and Liabilities, or SAL-N.
04:12But the question here is, is the legal disclosure sufficient to eliminate conflict of interest?
04:23So for the benefit of our viewers, I actually made a quick definition.
04:28I will make a quick definition of the meaning of conflict of interest.
04:33Taas mang kaini siyang topic, it would probably entail one book.
04:38But I specifically researched on a specific definition that is aligned to today's topic.
04:45So in a nutshell, conflict of interest actually exists when a public official or any official for that matter has
04:55a personal or financial interest.
04:59That's one of the key words that could potentially interfere.
05:04So when we say could, pwede, and then potentially, it's possible that it would either interfere with the investigation or
05:19the subject matter that is being questioned,
05:21or this one you should remember, or reasonably appear that it will.
05:28And that it will affect the official's ability to make an impartial decision.
05:34That's another key word, impartial decision in the interest of the public.
05:42And the reason why I highlighted words such as could, potentially, reasonably appear,
05:49appear, because I remember clearly what my boss used to tell me when I used to work in a bank,
05:56that conflict of interest is not just about actual conflict of interest.
06:02It also includes the perception of such, especially for a topic as highly important as the safety of Cebuanos,
06:15and I'm referring to the threats of flood, and also the environment.
06:20And as we all know, our mayor is an environmentalist himself.
06:25So that means that he is also holed into a high regard when it comes to removing himself,
06:35not just from actual conflict of interest, in my opinion, but even the perception of such.
06:42Now, some of our viewers might be asking, but we cannot please everybody.
06:46So that means there's always that perception.
06:50As a leader, I'm referring to the side of a leader avoiding a reasonable appearance of such.
06:59So that means we cannot please everybody, but at least we exhaust all means, no?
07:05to avoid situations in which our decision is perceived to have been influenced because of our financial
07:14or for whatever interest we have on a property that is in question.
07:21So let's take a look at the case of the mayor.
07:24Now, as a mayor, and then natalao na ito kung as a mayor, and then as a property owner.
07:29So as a mayor, Archibald actually has the public duty to make decisions concerning Monterasas
07:38based on law, public safety, environmental considerations, and more importantly, the welfare of Cebu City.
07:48That's his main role in this discussion.
07:54On the other side, he also has a role, unfortunately, as a property owner in Monterasas.
08:02Why?
08:03Because he has financial interest that could be affected, no?
08:08And its desirability or its value can also be affected by government action.
08:16So this is the part in which, in my view, it appears to be that he is torn between deciding
08:24100%
08:25according to the interests of Cebuanos, and at the same time, deciding against a property
08:32that could be devalued, no?
08:34Or its desirability could be affected whatever the decision is, no?
08:39So to me, this is where potentially the conflict of interest is, or at the very least, the perception of
08:47such, no?
08:48So the mayor's ownership of property inside Monterasas, in my view, creates potential conflict of interest.
08:57So, dili na ko pangunahan ang ombudsman with the investigation, but as an everyday Cebuano, as a public,
09:05this is a concern that we need to follow more closely.
09:10Because ownership of a property in Monterasas, in my view, can raise reasonable questions about the mayor's impartiality.
09:22So again, wala na ko giunhan ang ombudsman, but what I am just saying is, as Cebuanos, let's follow this
09:28case closely, no?
09:30Rather than just dismissing this as political pressure.
09:34Now, the other thing also that I need to clarify is, disclosure does not necessarily equate to absence of conflict,
09:44no?
09:44Because the mayor said, man, ako man ingipalit before I was a mayor, no?
09:48And in fact, he also said that it was stated in his Sal En, no?
09:53But, in my view, again, as an everyday Cebuano, such disclosure in his Sal En, and even if it was
10:01purchased before he was mayor,
10:03does not completely remove a possible conflict of interest.
10:08Why?
10:08Because until now, he still owns the property.
10:12And until now, he still has financial interest in such a property.
10:21Until now.
10:22And the decision is being made also at this time.
10:26So the conflict of interest did not happen before he became mayor.
10:30The conflict of interest, in fact, happened in the present time.
10:35So when he said that it was disclosed, but it does not, in my view, remove conflict of interest or
10:44at least the perception of such.
10:46Because the question here is not exactly, did the mayor disclose his property?
10:51I think we are beyond that question.
10:54Because the deeper question actually is, how is the mayor's financial interest intersects with a decision that also involves public
11:06interest, no?
11:07So I hope I'm...
11:09So dili ni siya question like, did he disclose it?
11:12The question actually is, will the ownership of this property influence his decision?
11:19So now let's give a little bit of background on the history of Monterasas lang, so that we get to
11:27see.
11:27I know that we've talked about this several times already in the past.
11:31But for those of our viewers who are just watching, or for those who may have already forgotten about the
11:37facts,
11:38so here are the quick summary of what exactly happened with Monterasas as far as DENR is concerned.
11:46First, it is a fact that DENR found past tense, no?
11:51DENR found violations.
11:54That is a fact.
11:55And if we recall, DENR also stopped the project.
12:01So that is another fact.
12:04Why did DENR arrived?
12:06Again, past tense, and I'll explain to you why I'm also particularly about saying past tense, no?
12:11Why did DENR arrived in such a decision?
12:15Well, there are so many reasons, but one of them involves the 734 trees, no?
12:22That were not properly accounted, no?
12:25Because DENR actually, in their inventory, found 745 trees, no?
12:31Recorded in the property in 2022.
12:35But in that same year, only 11 remained, no?
12:40So, there are 734 trees that are unaccounted.
12:44So, asa naman ito sila?
12:45So, that's one of the findings of DENR.
12:48Why they decided that there truly was a violation, and why they decided that it had to stop.
12:53I mean, the construction will have to, the development will have to stop.
12:56The other one is, DENR also cited, again, past tense, that the project violated 10 of the 33 conditions in
13:06its Environmental Compliance Certificate.
13:11DENR also found out that the project did not have the required discharge permit under the Clean Water Act, no?
13:21And I think much of the explanation that's being done is about detention ponds, no?
13:27But DENR also, inspectors found that the detention ponds were either heavily silted or already damaged.
13:36Thus, they thought at that time, they were not effective in terms of preventing runoff to escape down the slope,
13:46no?
13:46So, DENR also questioned whether the planned retention capacity was sufficient or is an upgrading already necessary.
13:58So, because of these violations, among others, the Environmental Management Bureau issued a notice of violation and stoppage order.
14:09And in fact, DENR went on to file a criminal case concerning the alleged forestry violations.
14:17But here's the deal.
14:19So, the reason why I kept on highlighting past tense, because DENR also said that the flooding cannot be attributed
14:27to Monterasas alone.
14:29So, clear said ang DENR na the fact na nagbaha on the areas below Monterasas, it does not necessarily mean
14:38na nagbaha ni sila entirely because of Monterasas.
14:43Because there are also other factors such as the amount of rainfall, several other upstream developments, because dili naman Monterasas
14:51ang nag-develop sa ito ang mga bukid, no?
14:54As well as the effectivity of flood control measures.
14:58So, putting all these factors together, DENR also highlighted nga, yes, nagbaha, pero it's not entirely because of Monterasas.
15:07And in fact, in April of 2026, so that's April of this year, DENR lifted the stoppage.
15:15That's why I said past tense kaganina, because April of this year, DENR already lifted the stoppage, saying the developer
15:23had completely documented remedial work.
15:27They also met compliance requirements and milestones and settled the penalties, no?
15:33So, DENR also reported that 23 detention ponds had been either constructed or enhanced with the combined capacity of 52
15:46,468 cubic meters.
15:49And for the benefit of our viewers, ang kaning detention pond is, muna siya supposedly mo catch sa water, no?
15:55Para di siya mo dahili down the slope.
15:58And Monterasas already said, and DENR also confirmed that 23 of these catchments or detention ponds have already been either
16:08constructed or enhanced, no?
16:11So, the question now is, okay, na-meet na nila ang requirements sa DENR.
16:17It's properly documented.
16:18And that's why DENR already issued, lifted the stoppage order, no?
16:24So, officially, wala na itong mga, na-solved na itong ilaanggi pang-raise na concerns in the past.
16:31But because ongoing mangguddi hapon ang baha sa Ilalom, and we, of course, Monterasas is not the only cause to
16:41this, but the question still remains, no?
16:44Whether katong mga countermeasures that have already been implemented and documented by Monterasas are enough to help mitigate the flooding
16:56issue.
16:57And that is now where people have a question.
17:01Enough na ba ito sila?
17:03Because in reality, nagbaha manggihapon underneath.
17:06And the flooding, in general, is not even getting better.
17:10It's in fact getting worse.
17:13So, this is really, in my view, this is really worth looking at.
17:18Unsa manginning mga upland developments, enough ba ni ilang catchments, including Monterasas?
17:25And do they have the right mitigating factors to prevent flooding underneath?
17:30So, in my view, even if na-fulfill na sa Monterasas ang ilaang requirements with DNR,
17:37And even if they're not the sole reason why nag-flood, if I am the mayor, everybody in that location,
17:46including Monterasas, is still worth looking at.
17:50So, that's why, because the mayor owns a property in Monterasas, the question is not just about, did I do
17:58wrong?
17:59Ako manning gideclare sa ako ang sal, and ako ang naman ni siyang, I acquired the property before na-elect
18:07ko as mayor.
18:09The question actually is, given the reality that I have a property inside, and that I have financial interest of
18:18such property,
18:19Am I serving the Cebuano people, giving them no reason, no reason to doubt that whatever my decision is,
18:33it is not according to my interest, but is according to 100% the interest of the Cebuanos.
18:42And that, to me, while this is still a case that's being filed with the Ombudsman,
18:47we will not, I'm not a lawyer, so I will not also say that I have already decided on its
18:53legality,
18:54whether there truly was a conflict of interest, or whether there is a perception of such,
18:59but these are enough reasons, in my view, for us to continue monitoring this case,
19:04and not just dismiss this as a political pressure.
19:09Because flooding and environmental safety is more than just political pressure.
19:18It is a matter of interest for all of us.
19:21So let's continue to look at the evidence, let's listen to the technical experts,
19:28and let's demand accountability from developers and government alike.
19:33And if you have questions, because I know that a lot of the engagement normally happens after the episode ends,
19:41please write them in the comment section, and for the comments or the questions that are worth answering,
19:52because for those questions or comments in the comment section that we find worth answering,
20:00we will also engage in these questions or comments even after this episode has already ended.
20:07Because most importantly, let us remember, who should always be at the center of this discussion?
20:14The center of this discussion is not the mayor.
20:18The center of this discussion is not even Monterazas.
20:21The issue or the center of this discussion is the people of Cebu.
20:28So I'm DJ Moises.
20:29Shout out to Coffee First for supporting conversations that matter.
20:34This is Beyond the Headlines.
20:35Let's look deeper and think better.
20:39Have a good afternoon.
20:41Okay.
20:45It starts with a fresh shot of espresso.
20:49Bold, rich, pulled just right.
20:55Then comes the milk.
20:57Steamed smooth, creamy, and balanced.
21:00The perfect latte is not brushed.
21:03It is crafted one cup at a time.
21:07Your perfect latte is ready.
21:09Coffee first.
21:11Then, everything else.
21:14To make sure.
21:33After doing nothing, please.
21:33Now let me know.
21:34Next time.
21:34We will email that.
21:34Let me know.
21:35A
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