COLON NIGHT MARKET ROW: Archival fined for neglect of duty

Local

RETROACTIVE business permits and missing authorization to use a national road cost Cebu City Mayor Nestor Archival a month's basic salary in an administrative penalty over the 2025 Colon Street Night Market.

The Office of the Ombudsman found Archival liable for simple neglect of duty after identifying lapses in the night market's operation, even as it rejected allegations of grave misconduct and gross negligence in a complaint filed by Councilor Pastor “Jun” Alcover Jr.

The decision cited the city government's failure to secure authorization from the Department of Public Works and Highways (DPWH) for the use of Colon Street, a national road, as well as noncompliance with local rules on temporary road closures.

The Ombudsman also questioned why the Business Permit and Licensing Office (BPLO) issued permits after the market had already begun operating.

Records showed that the first permit was issued on Sept. 1, 2025, although operations had started on Aug. 30. A second permit, issued on Oct. 20, covered operations that began on Oct. 16.

Because the BPLO operates under the mayor's direct supervision, the Ombudsman said the deficiencies should not have escaped Archival's oversight.

Under Cebu City Ordinance No. 2131, requests for road closures must be submitted at least two months in advance, while closures are subject to a two-day limit. The Ombudsman found that the night market's operation did not comply with these requirements.

Archival was ordered to pay a fine equivalent to one month's basic salary as mayor to the Office of the Ombudsman.

He was also warned that a repetition of the same omission would be dealt with more severely.

Despite the administrative finding, the Ombudsman did not conclude that the night market itself had been established without any legal basis.

The decision noted that the Cebu City Council had passed Resolution No. 17-0588-2025 authorizing the temporary closure of Calle Colon, from Osmeña Boulevard to Pelaez Street. The council also obtained a legal opinion from the City Legal Office affirming the operation's legality.

The Cebu City Transportation Office likewise issued favorable recommendations on the road closure through resolutions dated Aug. 29 and Sept. 26, 2025.

These actions was the basis for the Ombudsman's decision not to hold Archival liable for grave misconduct or gross negligence. The office said the circumstances did not establish unlawful behavior, recklessness, or a deliberate refusal to perform official duties.

It also rejected Alcover's argument that the arrangement with the Participative Association of Sugbo Vendors Inc. (PASVI) violated public bidding requirements under COA Circular No. 92-386.

The Ombudsman ruled that the issuance of a special permit to operate the night market did not fall under the procurement law's coverage of infrastructure projects, goods, and consulting services.

It also found that the night market was outside the regulatory scope of the Garbo Asenso Sumbanan Alyansa sa Gugma (GASA) Board, which oversees existing informal traders and vendors along city sidewalks.

However, the office stressed that the council's approval and the city agencies' recommendations did not excuse the failure to comply with other legal requirements.

It said the mayor remained responsible for ensuring that laws and ordinances were followed, even if he relied on subordinates to handle the operation.

The Ombudsman dismissed the administrative charges of grave misconduct, gross negligence, and violations of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees, for lack of substantial evidence.

City Treasurer Emma Villarete and former City Administrator Albert Tan were also cleared because the complaint failed to establish their participation in the night market's establishment and operation or show that they had neglected their official duties.

The office likewise denied Alcover's request for the preventive suspension of the respondents, finding insufficient basis for the measure.

Alcover filed the complaint in October 2025, accusing the officials of irregularities in allowing PASVI to organize the Colon Street Night Market and collect fees from vendors.(TGP)