COLON NIGHT MARKET ISSUE: Alcover files graft, admin raps vs Archival

Local

A HEATED political and legal storm is brewing at Cebu City Hall.

Councilor Pastor “Jun” Alcover Jr. has filed graft and administrative charges before the Office of the Ombudsman-Visayas against Mayor Nestor Archival Sr. and two other top city officials.

He is accusing them of illegally converting a portion of Colon Street into a “private commercial venture” under the guise of the Colon Street Night Market 2025.

In his complaint-affidavit, Alcover alleged that Archival, City Treasurer Emma Villarete, and City Administrator Albert Tan “willfully, unlawfully, and with manifest partiality” conspired to allow a private group to manage and profit from the night market without the proper authorization from the Sangguniang Panlungsod (SP) and in violation of the Local Government Code and anti-graft laws.

“This is not about opposing the night market. What I am against is a black market—one that disguises illegality behind the semblance of public service, operating in direct violation of the law,” Alcover said in his complaint.

According to Alcover, the Colon Street Night Market 2025 was operated under a special permit issued to a private group, the Participative Association of Sugbo Vendors Inc. (PASVI), led by Ibrahim “Mark” Dianalan. The permit, dated Sept. 1, 2025, authorized PASVI to screen vendors, collect stall rentals, and retain proceeds from Aug. 30 to Sept. 30, 2025.

He said the arrangement effectively “privatized” a public road, turning it into a business enterprise that generated millions in revenues for private hands while depriving the Cebu City Government of lawful income.

The operation, he added, was made without legislative approval, consultation with the Garbo Asenso Sumbanan Alyansa sa Gugma (GASA) Board, or adherence to Commission on Audit (COA) Circular 92-386, which governs the lease and use of public property.

“The Colon Street Night Market was allowed to run beyond its authorized period and location. What was meant to be a month-long operation limited to 100 vendors became a continuing enterprise with over 600 stalls, extending to Mabini Street without any legal authority,” Alcover claimed.

Alcover’s complaint alleged that P6,000 in monthly stall fees were collected from over 600 vendors, roughly P3.6 million a month, but only P200,000 was remitted to the city.

He said this left at least P6.8 million in unremitted public funds for the two months of operation.

“The question now is simple,” Alcover stated. “Where is the money? Who benefited from it? Why was it not remitted to the Cebu City Government?”

Citing admissions from city officials, he said the City Treasurer’s Office had no record of these collections, except for minor “arkabala” or daily rental fees of P20 to P30 per stall.

The councilor accused Archival and the two other officials of committing multiple violations, including: Section 21 of the Local Government Code, which requires an ordinance for any road closure or market operation on public streets;

COA Circular 92-386, which requires public bidding and oversight by the city’s Committee on Awards;

Section 170 of the Local Government Code, which mandates that all local fees must be collected by the city treasurer; and

Sections 3(e) and (j) of the Anti-Graft and Corrupt Practices Act, for allegedly granting unwarranted benefits to a private party and causing undue injury to the city.

“These actions are not mere administrative oversights but calculated acts of corruption that undermined the rule of law, subverted the authority of the SP, and converted public power into a private business venture,” Alcover said in his affidavit.

He also sought the preventive suspension of Archival, Villarete, and Tan to prevent them from influencing witnesses or tampering with city records while the investigation is ongoing.

Reached for comment, Archival dismissed Alcover’s complaint as political theatrics, saying the councilor was simply “looking for trouble.”

“Iya nang katungod, ato ng paminawon unya. Mao mana iyang role sa iyang kinabuhi, pasagdan lang na nato siya,” Archival said in a separate interview on Wednesday.

“Wala ko nag-expect ana kay tarong man unta na nga pagkatawo, mangita man gyud na siyag samok. Ako nana siya giestoryahan nganong ipahunong nga legal man sila nga namayad?”

Archival insisted that the night market was a legitimate and beneficial initiative for small vendors and the local economy, emphasizing that organizers had secured the necessary permits and paid fees to the city.

“Dili na pwede nga gukdon niya ang mga tawo nga naghatag ug benepisyo sa atong syudad. Katong mga tawo nga wala nagbayad, mao toy angay niya pangitaan,” he said.

The mayor earlier justified the city’s decision to tap a private organizer, saying City Hall could not manage the event on its own.

“We can’t have the city handle the night market ourselves. We already have so many problems in other areas; why add another? Somebody offered to organize it. It was approved by the Mayor and the BPLO, and they paid P200,000 for that,” Archival said during an October 13 press conference.

The complaint comes amid rising political tension between Archival and members of the City Council, several of whom have questioned his decisions on market management and city operations.(TGP)