MANILA— The Office of the Ombudsman has fined Cebu City Mayor Nestor Dionson Archival Sr. an amount equivalent to one month’s basic salary after finding him administratively liable for Simple Neglect of Duty over lapses in the operation of the 2025 Colon Street Night Market.

In a 21-page decision dated Oct. 28, the Ombudsman said Archival failed to exercise due diligence in ensuring compliance with operational requirements, particularly coordination with the Department of Public Works and Highways (DPWH) and the issuance of permits retroactively.

“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 case stemmed from a complaint filed by Pastor Jun Alcover Jr. questioning the management of the night market, which operated under a special permit issued by the Cebu City government to a private organizer.

Alcover alleged that the organizer was allowed to screen vendors, set stall rental rates, collect fees and keep the proceeds from the event.

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

Alcover further claimed that more than 600 vendors participated in the night market despite the permit covering only about 100 sellers. Operations also allegedly continued beyond the permit’s validity.

In its decision, the Ombudsman noted that Colon Street is a national road under DPWH jurisdiction, requiring coordination with the agency before the night market could operate.

However, the records did not establish that the city government had obtained the necessary approval or coordinated with the DPWH.

The anti-graft body said Archival, as Cebu City’s local chief executive, was responsible for ensuring that the night market complied with applicable laws and operational 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 decision stated.

“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 ruling added.

The Ombudsman, however, dismissed the charges of Grave Misconduct and Gross Neglect of Duty, citing insufficient evidence of unlawful conduct, recklessness or a willful and flagrant refusal to perform official responsibilities.

It found that the established circumstances warranted liability for negligence but did not meet the threshold for the more serious administrative offenses.

Aside from the fine equivalent to one month’s basic salary, Archival was sternly warned that repeating the same omission would result in a more severe penalty.