Ombudsman fines Cebu City mayor over night market lapses

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The Office of the Ombudsman on Wednesday said it had ordered Cebu City Mayor Nestor Dionson Archival Jr. to pay a fine equivalent to one month’s basic salary for administrative liability over irregularities in the 2025 Colon Street Night Market.

In a 21-page decision, the Ombudsman found Archival administratively liable for simple neglect of duty for failing to exercise due diligence in ensuring compliance with operational requirements.

The Ombudsman cited his failure to coordinate with the Department of Public Works and Highways (DPWH) and to secure the necessary permits before the night market operated.

“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 ruling said.

The Ombudsman’s order did not specify the actual amount of the fine. However, as mayor of a highly urbanized city, Archival falls under Salary Grade 30 (SG 30), with a monthly basic salary starting at P210,718 under the government’s 2026 salary schedule.

The case stemmed from a complaint filed by a pastor who questioned the management of the night market. The complainant alleged that it was allowed to operate under a special permit issued to a private organizer.

The complainant also questioned the lack of consultation with the Garbo Asenso Sumbanan Alyansa sa Gugma (GASA) Board, a special body created under a Cebu City ordinance to oversee and regulate informal trading activities.

He further alleged that more than 600 sellers were allowed to participate in the night market even though the special permit covered only 100.

In its ruling, the Ombudsman said Colon Street is a national road, making coordination with the DPWH necessary.

It said Archival, as the city's local chief executive, was responsible for ensuring that the night market complied with applicable laws and requirements.

“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 Ombudsman said.

“While it may be argued that (he) relied in good faith upon his subordinates… he remains ultimately responsible in ensuring compliance with statutory obligations,” it added.

Meanwhile, the Ombudsman dismissed the charges of grave misconduct and gross neglect of duty for insufficiency of evidence.

It warned Archival, however, that a repetition of the same omission would be dealt with more severely.—MCG, GMA News

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