Archival orders thorough probe on vendor’s arrest by Probe team

Local

CEBU City Mayor Nestor Archival has ordered the immediate summoning of the Prevention, Restoration, Order, Beautification and Enhancement (Probe) team head and required a 24-hour report on the controversial arrest of a bottled water vendor at Plaza Sugbo.

He also pushed back against allegations of abuse and welcomed a possible human rights inquiry.

Explaining his directive, Archival said in an interview on Monday, Jan. 5, that he had instructed city authorities to formally investigate the incident that went viral online, stressing that while enforcement of city ordinances is necessary, the use of excessive force will not be tolerated.

The mayor’s response followed growing political pressure, after Councilor Jun Alcover announced plans to bring the case before the Commission on Human Rights (CHR).

“Happy kaayo ko nga iya nang gihimo. Thank you kaayo sa imong gihimo,” Archival said, referring to Alcover’s intent to seek CHR intervention.

As part of the city’s internal review, Archival said a memorandum has been issued summoning the PROBE head and requiring a written report within 24 hours. Findings from the inquiry, he added, will determine whether administrative sanctions or further action will be imposed on those involved.

While the probe is ongoing, Archival clarified that the area in question remains off-limits to ambulant vendors under existing ordinances, but emphasized that enforcement must always be fair and proportionate.

He said Probe personnel claimed they were attempting to de-escalate a confrontation, noting that there were conflicting accounts on whether excessive force was used.

“Ang akong giingon nila, we need to find ways nga fair enough. Kung sumbagon mo, pangitae ug paagi unsaon pagdakop. But I don’t think gisagpa, I don’t think giluok. I’m just telling you what they are saying,” the mayor said, while stressing that the matter will ultimately be resolved through an official investigation.

He reiterated that restraint remains a standing policy, particularly during sensitive situations.

Archival said vendors should not be disturbed during prayer times and that enforcement teams must observe maximum tolerance, especially toward small vendors.

“If naa gyud force nga excessive, ato gyud tan-awon unsa atong mahimo,” he added.

From the vendor’s side, one of those involved, 37-year-old Ruel Omaba, said he was aware that selling at Plaza Sugbo was prohibited but insisted he was merely passing through when the incident occurred.

“Kabalo ko nga bawal, pero niagi raman ko kay sige man ko galakaw. Pauli na unta ko,” Omaba said in an interview with reporters on Monday.

Omaba then recounted his version of the arrest, claiming Probe personnel suddenly grabbed the box of bottled water he was carrying from behind, without warning.

“Dapat atubangon unta nila ko ug estorya. Dili kay kalit ra kuhaon,” he said.

He further alleged mistreatment during the apprehension, saying he was slapped despite not resisting.

“Gisagpa ko nila ato. Wala nako nisukol,” he said, adding that he only hopes to be allowed to earn a living, especially with the Sinulog festival approaching. “Okay ra gyud basta makabaligya lang mi. Mao ra gyud na akong hangyo,” he said.

At the policy level, Alcover earlier said he is considering filing a complaint before the CHR, pending the outcome of a Cebu City Council inquiry.

In an interview on Jan. 3, the councilor said he would file a resolution seeking the disclosure of the identities of the city personnel involved in the enforcement operation.

“Mag-file ko ug resolution para ipaproduce ang mga ngalan sa mga involved. Once makaila na ta, didto na magsugod ang investigation, ug tan-awon nato kung angay ba ni dal-on sa CHR,” Alcover said.

He added that the council inquiry will seek accountability, possibly through an executive session.

“Ipatawag gyud ni sila aron masabtan unsa ang sinugdan ug ngano ni nahitabo,” he said.

Placing the incident in a broader context, Alcover, who chairs the City Council’s Committee on Markets, said vendors from Plaza Sugbo had sought his help as early as August last year, alleging threats to their livelihood.

He said he personally accompanied the vendors to the mayor’s office, where assurances were allegedly given that vendors would not be disturbed as long as they maintained cleanliness and order.

“I was directed to help organize the vendors, give them uniforms, and establish rules,” Alcover said, noting that despite these efforts, similar incidents continued to occur.

He cited earlier enforcement cases to show a pattern, including a December arrest and a previous incident involving a person with disability (PWD) vendor who allegedly sustained injuries.

According to Alcover, the recurring controversy stems from what he described as the city’s failure to convene the Gasa board, which is mandated to regulate ambulant vendors.

“This problem became big because wala gipatawag ang Gasa. Supposedly, Gasa should regulate apil ang ambulant vendors,” he said, adding that Probe is supposed to be part of the board.

For his part, Archival maintained that enforcement operations at Plaza Sugbo are aimed at restoring order, particularly with Sinulog drawing near, following complaints from tourists and the public over congestion, mendicancy, and littering.(TGP)