Cebu City Mayor Nestor Archival Sr. has been penalized by the Office of the Ombudsman following administrative charges concerning the management of the Colon Street Night Market held last year.
According to the 21-page ruling, Archival was found guilty of simple neglect of duty for failing to ensure that proper requirements for operating the night market were fulfilled. As a penalty, the Ombudsman ordered him to pay a fine equivalent to one month of his basic salary, accompanied by a stern warning that similar future infractions will face harsher consequences.
Despite the penalty, the anti-graft office cleared Archival of more serious charges involving Grave Misconduct and Gross Neglect of Duty, noting that available evidence fell short of proving intentional wrongdoing, recklessness, or flagrant disregard of official responsibilities.
The case stems from a complaint filed by Pastor Jun Alcover Jr., who questioned the legality of the night market after the city government issued a special permit to a private organizer. The complainant asserted that the organizer was granted unchecked authority to screen vendors, establish stall rental prices, collect payments, and retain the proceeds.
Alcover also claimed that while the permit authorized only around 100 vendors, over 600 sellers were allowed to participate, with operations extending beyond the validity period of the permit.
In its evaluation, the Ombudsman highlighted that Colon Street is designated as a national road, meaning any night market operations required prior coordination with the Department of Public Works and Highways (DPWH).
The ruling pointed out failures such as the lack of coordination with the DPWH and the retroactive issuance of operational permits.
”His failure to address the noted operational requirements is a reflection of carelessness and lack of due diligence in relation to the performance of his official duties,” the decision stated.
The Ombudsman emphasized that as the local chief executive, Archival held the ultimate responsibility to guarantee that the project complied with legal and regulatory frameworks.
”It has long been settled that public office is a public trust demanding general accountability. Being the Local Chief Executive of Cebu City, respondent has the expressed duty to enforce all laws and ordinances relative to the governance of the city,” the ruling noted.
”While it may be argued that [he] relied in good faith upon his subordinates… he remains ultimately responsible in ensuring compliance with statutory obligations,” the decision added.