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Cebu Calling Podcast Kuya Magik
Cebu City Mayor Nestor Archival denied allegations of graft and abuse of authority related to the Colon Street Night Market 2025, saying the project complied with established permitting procedures and that he neither ordered its closure nor granted favors to any private organizer.
Speaking at a press conference on Wednesday, January 7, Archival addressed complaints filed by Councilor Pastor “Jun” Alcover Jr. before the Office of the Ombudsman–Visayas, which accused the mayor and other city officials of violating anti-graft and ethical standards laws.
“Nagamit daw kos akong authority nga gi-close nako ang market. That is not true,” Archival said, rejecting claims that he used his authority to shut down the night market.
The mayor said his role was limited to directing concerned city offices to process applications in accordance with existing rules and procedures.
He explained that when the night market organizer approached his office, he referred the matter to the Business Permit and Licensing Office (BPLO) for evaluation.
“I told them to proceed but subject to all permit requirements,” Archival said, noting that the process required clearances from the Cebu City Transportation Office (CCTO) and the Traffic Management Committee (TMC), as well as approval from the City Council for a special permit.
He stressed that he did not instruct the BPLO to immediately issue permits. “Wala ko niingon sa BPLO nga tagaan og permit dayon. Akong giingnan nga pakuhaon ug requirements,” he said.
Archival also disputed allegations that the city suffered financial losses due to the night market’s operation, maintaining that the project benefited Cebu City.
“Ang syudad wala naalkansi. It was to the advantage of the city,” he said.
Archival, along with City Treasurer Emma Villarete and City Administrator Albert Tan, has filed a joint counter-affidavit before the Office of the Ombudsman Area Office for the Visayas.
The complaint against them alleges violations of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials, as well as grave misconduct and gross negligence.
In their counter-affidavit, the respondents said they “categorically deny all the allegations” and asserted that their actions were done in good faith, within the bounds of their authority, and in line with established city procedures and legislative practice.
“The Complaint is speculative, unsubstantiated, and conclusory, consisting only of sweeping accusations without competent evidence,” the respondents said.
They also pointed out what they described as a clerical inconsistency in the Ombudsman’s order, which cited a different subsection of the Anti-Graft Law than that mentioned in the original complaint, although they said this did not affect their defense.
Alcover filed the complaints on October 29, 2025, alleging that Archival and the other officials allowed a private organization, the Participative Association of Sugbo Vendors Inc. (PASVI), to manage and profit from the night market without proper authorization.
He claimed the group collected stall fees without approval from the Sangguniang Panlungsod or a public bidding process, allegedly converting a public street into a private commercial space.
Alcover further alleged that the city lost more than P6.8 million in potential revenue, citing estimates that over 600 vendors paid about P6,000 monthly while only about P200,000 per month was reportedly remitted to the city.
Archival said the accusations were misplaced, noting that similar night markets had been held in previous years without controversy.
“Ang usa sa niingon nga i-close ang market. Mao pa gyud ang nagkiha nako. Unya pagkahuman, akoy gipasanginlan,” he said.
He also dismissed calls by Alcover for the preventive suspension of the respondents, saying it would only create unnecessary conflict. “Iya nang katungod, pero dili kinahanglan nga himuon og samok ang butang nga legal ug naa’y benepisyo sa syudad,” Archival said.
The Colon Street Night Market resumed operations on August 30, 2025, under a special permit issued by the BPLO by authority of the mayor, after the Cebu City Council approved a limited road closure for the activity until October 5, 2025.
Allegations that the market continued beyond the approved period and expanded to other areas are now under review by the Ombudsman.
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