- 5 minutes ago
What went wrong in the handling of Cebu City’s 2025 Colon Street Night Market?
The Office of the Ombudsman has found Cebu City Mayor Nestor Archival liable for simple neglect of duty over lapses involving road-use authorization, road-closure requirements, and the retroactive issuance of business permits. He faces a fine equivalent to one month of his basic salary.
The administrative charges against City Treasurer Emma Cañazares Villarete and City Administrator Albert Tjioe Tan were dismissed due to insufficient evidence.
What do the findings mean for accountability and the city’s handling of public spaces?
The Office of the Ombudsman has found Cebu City Mayor Nestor Archival liable for simple neglect of duty over lapses involving road-use authorization, road-closure requirements, and the retroactive issuance of business permits. He faces a fine equivalent to one month of his basic salary.
The administrative charges against City Treasurer Emma Cañazares Villarete and City Administrator Albert Tjioe Tan were dismissed due to insufficient evidence.
What do the findings mean for accountability and the city’s handling of public spaces?
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NewsTranscript
00:25It starts with a fresh shot of espresso.
00:30Bold, rich, pulled just right.
00:35Then comes the milk, steamed smooth, creamy, and balanced.
00:40The perfect latte is not brushed, it is crafted, one cup at a time.
00:47Your perfect latte is ready.
00:49Coffee first, then everything else.
00:54Can a public official have good intentions and still be held accountable
00:58for neglecting the rules and procedures of government.
01:02Good afternoon and welcome to Beyond the Headlines.
01:05I'm DJ Moises and today's conversation is brought to us by Coffee First.
01:10The Cologne night market was envisioned as an opportunity to bring life to the city's streets,
01:17support local vendors, and create livelihood opportunities.
01:21But what began as a public initiative has become a question of governance and accountability.
01:27This development raises important questions.
01:31Was this a failure of judgment, a failure to follow procedure, or a failure of oversight?
01:39And what does this case tell us about the standards we should expect from our public officials?
01:45Let's look deeper and think better.
01:48So on the phone is Sunstark correspondent Cherry Ann Virador.
01:56Okay, so Cherry Ann is still probably on her way.
02:01So I'll make a commentary first.
02:04And then if she happens to be on the line, then maybe she can provide the more important parts also
02:11of this particular case or development.
02:16So if we recall sometime in 2025, Councillor June Alcover guested in Beyond the Headlines.
02:23And during that time, the main topic of conversation was commercial areas and night market that's been used along Cologne
02:34Street.
02:35And during that conversation and even until today, personally, I see nothing that is wrong in principle about the night
02:46market.
02:47Because to begin with, it supports vendors, small businesses, and evening economic activity.
02:55And considering that if we look at the composition of the Philippines, 90% of our entrepreneurs belong to the
03:03micro and small.
03:05So activities such as the night market truly will help elevate not just the conditions of those who are challenged
03:15by poverty,
03:16but it also elevates economic activity, which ultimately will also impact the city of Cebu.
03:25But the contention at that time was really on the legal and administrative arrangements.
03:31So the question again is not because the night market is a bad project.
03:37The question at that time had something to do with legal and administrative arrangements.
03:44Now if we do another, if we dive deeper into the facts,
03:50the complaint was filed by Councillor June Alcover with the Ombudsman on October 29 to 30.
04:00That's 2025, so that's about a year ago, because I think it's already October 28 today.
04:07So almost a year ago.
04:09And the complaint was filed in the Ombudsman against Mayor Nestor Archival,
04:14City Treasurer Emma Villarete, and City Administrator at that time, C. Albert Tan.
04:20And he alleged, again, take note of the word,
04:23he alleged that the night market's arrangement improperly delegated.
04:28There was an improper delegation on the management of the public space and the collection of fees.
04:35It was delegated to a private organizer, and that's what Councillor June Alcover complained about.
04:45And that was the meat of the complaint that he filed with the Ombudsman.
04:49He also questioned about the amount remitted to the city and whether the required authorizations were in place.
04:56So, duha ni siya ka ng questions na iyang gi-raise o gi-allege on his complaint with the Ombudsman.
05:06Number one is the delegation of the management of the public space.
05:10And second, he also questioned about the legitimacy of the fees collected.
05:16So, that was the meat of the complaint that he filed a year ago.
05:20So, ang iyang contention ni Councillor June Alcover, iyang contention is,
05:28without the required deliberation and approval of the City Council and the Gaza Board,
05:34then it was just about verbal instruction to city offices.
05:39And there was nothing legal or bounding commitment that surround the deal.
05:50Aside from it, allegedly just a verbal instruction to the offices.
05:55Gaza Board, by the way, stands for Garbo Asenso Sumbanan Alianza sa Gugma.
06:00So, he said na it did not have the approval of the City Council and the Gaza Board, no?
06:07The other thing also, if we recall, there were also dates that were contested.
06:12Because the council did confirm that they approved a temporary road closure of the street, no?
06:21For the night market.
06:22But, the period that they approved was September 5 to October 5, 2025.
06:30And if we recall, ang challenge ni Alcover already happened October 14, 2025.
06:37So, September 5 to October 5, allegedly ni Padayon paugdagan ang night market without the necessary permits
06:45because the complaint, because the night market was already challenged.
06:50It was already October 14, no?
06:52So, June Alcover, Councillor June Alcover, alleged at that time that the market continued operating
07:00without the new council's resolution and an updated clearance.
07:05So, that's first, no?
07:08Allegedly, during the time, nagipasa ka niyang complaint, nilaps na.
07:12Nilapas naman siya sa October 5, no?
07:14It was challenged October 14.
07:17The other thing also, I recall, ang challenge po ni Alcover, specific to the night market,
07:23because it, aside from its authorization, has already expired,
07:28there were also concerns about the approved area.
07:32Because the approved area is from Honkera Street towards Mabini Street.
07:37And at that time, he also alleged nga ni-extend nagyud ni siya beyond that area that was also approved.
07:44So, Moni ang isa sa mga allegations na iyanggi pasaka with the ombudsman last year, no?
07:51And he also said that allowing private groups to screen vendors, collect fees, and retain proceeds
07:58without public bidding or formal lease improperly delegated the management of the property.
08:05So, this is not how the right delegation should go, no?
08:10Because, again, he said it should go through the council.
08:12It should also go through the Gaza board, no?
08:15So, Karun, ang news that we got for today,
08:19the ombudsman has already decided on this particular case, no?
08:24That was filed by Councilor June Alcover last year.
08:28And the ombudsman reportedly found Mayor Nestor Archival liable for neglect
08:35in connection with the Cologne night market, no?
08:39So, Karun lang.
08:40That's why we would have wanted to have a conversation with our correspondent
08:44because we'd also like to dig into the details, no?
08:51What specific act or omission did the ombudsman find?
08:55Because ang gishare na ako sa inyo, ah,
08:57what transpired last year?
08:59Pero, kung sa may findings sa ombudsman,
09:02did the ombudsman completely agree with everything that,
09:07with everything that Councilor June Alcover filed against the mayor that year,
09:16last year?
09:17So, Karun, we will also look deeper into that.
09:20And if there was any, Karun, penalty,
09:24I read somewhere that it,
09:26and by the way, this is again a data that we also still need to validate,
09:31but I did read somewhere that part of the penalty was his one month's salary, no?
09:37But beyond that, we also wanted to get more information specific to this
09:41so that we can give you a more balanced and sound, Karun, reporting.
09:46And the other thing also is,
09:48was the decision of the ombudsman already final
09:51or can it still be appealed by Mayor Archival, no?
09:56So, while we are still trying to get in touch with our correspondent,
10:02I'll just also give some succeeding kanang commentaries, no?
10:05Because the first time this issue also came out,
10:08na magod po ito yung mga hungihoy na madunggan na to,
10:11na they would say nga, kanang,
10:13it was kanang not supportive of the poor, no?
10:16And ang ako lang opinion when I hear kanang comments like that
10:20specific to this particular case,
10:23being pro-poor,
10:25at the same time,
10:27being,
10:28holding our officials accountable,
10:31they are not mutually exclusive, no?
10:34So, pag i-question na to ang accountability,
10:37it doesn't mean that
10:38gi-question sa na to ang kanang mga activities
10:41that could benefit the poor, no?
10:43They are not mutually exclusive,
10:46and I think that's one mindset that in the Philippines,
10:48we need to change.
10:49Okay, sometimes,
10:50kung makakita mga gutag mga violations,
10:52especially if it's related to projects such as this one ba,
10:56night market,
10:57ang uban sa ato,
10:58ang mo-react dito ba nga,
11:00kanang ipangitaag bikil,
11:02gilisod-lisod ang ato ang mga kanang kaigsuunan,
11:05but that's not necessarily the case.
11:07Because again,
11:07if we look at it on the context of good governance,
11:11we can be pro-poor,
11:13at the same time,
11:14holding our public officials
11:16accountable to the legal requirements, no?
11:19Because di li ma na sila mutually exclusive.
11:22The other thing also is,
11:24once i-question na to ang accountability sa ato ang public officials,
11:28especially when it's about compliance ba,
11:32to certain controls and kanang procedures,
11:35it doesn't necessarily mean also that we distrust the public official involved.
11:41The reason why gibutang ang control din ha,
11:44because that is to prevent abuse of power,
11:48to prevent corrupt kanang practices,
11:51and to ensure integrity of the entire process,
11:54and remember this na,
11:55regardless of who is sitting.
11:58Because if we don't put manggud the controls
12:01and the compliance na kanang requirements,
12:04din dependent na sa honesty sa person na naglingkod.
12:08And we know whether it's in public practice
12:10or in private practice,
12:12that's not how it works.
12:14We need to put the controls
12:15and the compliance requirements
12:17to ensure that regardless of who is sitting,
12:21whether honest ba siya or dishonest ba siya,
12:23the whole process remains honest, no?
12:27Integrity is observed across the board.
12:31Now, another in support said,
12:33when kanang mga activities like this
12:35are being questioned under compliance,
12:38it's also to protect public resources.
12:40Because if our resources are also kanang spent properly,
12:46then, oh no, collected properly,
12:48and then spent properly,
12:50then ultimately,
12:50this is still going to benefit everybody, no?
12:53So, this further supports what I said earlier.
12:57Now, when we uphold accountability
12:59and integrity in the process,
13:02it also means that we care so much about resources
13:05that we make sure na
13:07makolek sila properly,
13:09and then maspend sila,
13:10and it will benefit everybody
13:12across the board, no?
13:14Including Everyday Cebuanos
13:20So, we are hoping also to get a statement, no?
13:24Either from the mayor or his office,
13:28or we also would like to also hear the opinion also
13:33of Councillor June Alcover,
13:34who filed this complaint last year.
13:37And hopefully, within the week,
13:38we would be able to cover both.
13:41So, if you also have questions
13:43about this development,
13:46if you have feedback regarding this development,
13:49you can continue to engage us
13:51in the comment section below.
13:54And even when the episode is already done
13:56for the feedback or the questions
13:58which we think are valid,
14:00we will still engage on them.
14:03So, providing livelihood opportunities
14:06and supporting small vendors
14:07are important goals.
14:10But public service also requires
14:13transparency,
14:15proper authorization,
14:17and accountability
14:18in the use of public roads
14:21and spaces.
14:23I'm DJ Moises.
14:24Shout out to Coffee First
14:25for supporting conversations
14:27that matter.
14:28This is Beyond the Headlines.
14:30Let's continue to look deeper
14:32and think better.
14:34Have a good afternoon.
14:36Okay.
14:40It starts with a fresh shot of espresso.
14:44Bold, rich,
14:47pulled just right.
14:50Then comes the milk.
14:52Steamed smooth,
14:53creamy,
14:54and balanced.
14:55The perfect latte
14:56is not brushed.
14:58It is crafted.
15:00One cup at a time.
15:02Your perfect latte is ready.
15:04Coffee first,
15:06then everything else.
15:08Peace.
15:12Peace.
15:22Peace.
15:24Peace.
15:26Peace.
15:27Peace.