Cebu City Mayor Nestor Archival has formally rejected accusations of graft, grave misconduct, and abuse of authority linked to the operation of the Colon Street Night Market in 2025. In a counter-affidavit filed with the Office of the Ombudsman-Visayas, the mayor insisted the event adhered to all standard city permitting protocols.
Allegations and Official Response
The complaints were initiated by Councilor Pastor "Jun" Alcover Jr. on October 29, 2025. Alcover accused Mayor Archival, City Treasurer OIC Emma Villarete, and City Administrator Albert Tan of violating the Anti-Graft and Corrupt Practices Act (RA 3019) and the Code of Conduct for Public Officials (RA 6713). The core allegation was that the night market operated illegally, enabling a private group to profit from a public road without proper public bidding, potentially costing the city over P6.8 million in lost revenue.
However, the officials' joint response painted a different picture. They detailed that the organizer, the Participative Association of Sugbo Vendors Inc. (Pasvi), secured a special permit from the Business Permit and Licensing Office (BPLO) after submitting all necessary documents. These included barangay clearances, PNP clearance, and approved traffic plans.
Permits, Fees, and Legal Justifications
The respondents emphasized that the temporary closure of a portion of Colon Street was authorized by resolutions from both the Traffic Management Committee and the Cebu City Council. They submitted records showing Pasvi paid a total of P3.119 million in special permit and regulatory fees for 2025, a sum they noted was substantially higher than in previous years.
"The facts and evidence incontrovertibly establish that we acted in good faith, within the scope of our respective legal authority and in strict accordance with established city procedures," the officials stated in their filing. They also highlighted that Councilor Alcover himself voted in favor of the resolution allowing the road closure.
Addressing the claim that the Garbo Asenso Sumbanan Alyansa (Gasa) Board was bypassed, the officials cited a legal opinion from the Cebu City Legal Office. They argued that Gasa's mandate, under City Ordinance 2386, is limited to informal sidewalk vendors and does not extend to structured commercial bazaars like the night market.
Mayor's Public Defense and Case Status
During a press conference on Wednesday, January 7, 2026, Mayor Archival publicly denied granting any undue favors. He explained he merely instructed city offices to process Pasvi's request in compliance with all regulations. "I told them to proceed but subject to all permit requirements," Archival said. He asserted the city benefited from the event, stating, "Ang Syudad wala naalkansi (The City did not lose out). It was to the advantage of the City."
The respondents have asked the Ombudsman to dismiss the complaints, describing Alcover's revenue loss estimate as speculative. They argued that administrative or criminal liability cannot be based on mere policy disagreements. The case remains pending before the anti-graft body as the long-standing night market tradition, typically held during Tourism Month, Christmas, and Sinulog, finds itself at the center of a legal and political dispute.
