Osmeña Files Case Vs. City Treasurer, Accountant

Former Cebu City mayor Tomas R. Osmeña personally filed on Tuesday 26 counts of administrative cases against City Treasurer Diwa Cuevas and City Accountant Mark Rosell Salomon before Finance Secretary Cesar Purisima in Manila.

Osmeña explained to Purisima that the cases that he filed against Cuevas and Salomon are based on the findings of the Commission on Audit (COA), which found several lapses of the Cebu City government’s financial transactions in 2013.

The finance secretary reportedly assured the former lawmaker of the Cebu City south district that he will immediately look into the cases, although Purisima said both respondents will be afforded with due process during the investigation.

Osmeña had asked Purisima that Cuevas, who was recommended by Mayor Michael Rama to be his city treasurer, be
terminated from her position to prevent her from “continuing to commit similar violations of the state audit procedures.”

Although the city accountant is not under the Department of Finance, but Osmeña said it is up to Purisima whether to refer the case against Salomon to other investigating agencies like the Civil Service Commission or the Office of the Ombudsman.

The controversial expenditures of the Cebu City government when it granted P20,000 calamity financial assistance to each of the over 4,200 officials and employees of the city was discussed by Osmeña in his complaint, citing the COA findings.

Mayor Rama, Vice Mayor Edgardo Labella and 12 other city councilors are presently facing separate administrative cases relative to such granting of calamity financial assistance and it is the Department of the Interior and Local Government (DILG) that has been ordered by the Office of the President to investigate the case.

Cebu City Legal Officer Jerone Castillo, however, moved for the dismissal of the case filed against the mayor and other city officials arguing that the Office of the President does not have jurisdiction over their case that directly attacked the validity of the ordinance that allowed the granting of the cash assistance.

But Osmeña argued that while the cash aid granted to the employees was said to be a calamity financial assistance, the P61.1 million of the P84 million funds spent by the city was sourced not from the calamity fund, but from the account under the City Administrator’s Office and the transactions were recorded under the “donations.”

Osmeña quoted the COA findings, which states that the recording of financial assistance under the donations account is irregular for it tends to mislead the true nature of the disbursement in the disguise of giving donations instead of the proper “Other Bonuses and Allowances” account.

He said the city treasurer and city accountant’s offices headed by respondents are entrusted by the constituents of Cebu City in the proper and authorized disbursement and accounting of the public funds hard earned by the people.

“Any want on the performance of their duties, being the guardians of the treasury intended to be defrayed for the general welfare of their constituents, should not be exalted but should be deterred at the at the earliest possible time,” said Osmeña.

Several other adverse opinions of COA in the city’s financial transactions in 2013 were cited by Osmeña in his report and were made as the basis of his complaints.

Osmeña had said “Because ang problema ni Diwa mopirma siya bisan unsa and she continues to violate the rules and regulations of the Commission on Audit. So we have to put an end to this, that is why we are filing
cases against her.”

Under procedures, all financial transactions shall pass first before the City Accounting Office for pre-audit, that is why Osmeña has decided to also file cases against Salomon.

Cuevas said some of the issues raised by the former mayor did not happened during her term, but during her predecessor.

In a previous interview, Mayor Rama said Osmeña’s administration was also wrapped with adverse opinion from COA.

“Mura g’yud og sa iyang administrasyon kaniadto walay mga adverse opinion ang COA nga duna man ‘sab,” Rama said.