THE Office of the Ombudsman has dismissed for lack of merit the case filed by then Cebu City mayor Tomas Osmeña against then former mayor Michael Rama in 2016 for violation of the Anti-Graft and Corrupt Practices Act over the alleged anomalous construction of the Carbon Market Unit 2, now the Interim Carbon Market.On Nov. 8, 2021, Ombudsman Samuel Martires approved the Oct. 15, 2021 decision of Assistant Special Prosecutor II Lyn G. Dimayuga to reverse the July 30, 2018 resolution of the Office to file a case against Rama and seven others, due to motions for reconsideration from some of the respondents.As a result, Rama and the other respondents have no more liability on the matter of the delay in the completion of the construction of Unit 2, on which Osmeña had based his complaint when he assumed the post of mayor in 2016 after defeating Rama in the elections.Also cleared with the dismissal of the case were Mayor Rama’s co-respondents, members of the bids and awards committee Rafael Christopher Lagura Yap (chairman), Jose Marie Poblete (vice chairperson), Dominic Diño, Dr. Ester Concha, Eustaquio Cesa and Alipio Navares Bacalso Jr., and Technical Working Group head Jose Daluz III.In 2013, Rama set aside P167.3 million for the construction of Unit II by Geety Realty and Development Corp. (GRDC), whose qualifications were questioned by Osmeña for allegedly undertaking the construction when its Philippine Contractors Accreditation Board license allowed it to construct projects worth up to P100 million only.Based on the Audit Observation Report of the Commission on Audit, the contractor was delayed in its work by 196 days as of Dec. 31, 2015 with a negative slippage of 35.21 percent and the City Government headed at that time by Rama did nothing to protect the city.GRDC’s counteraffidavit by proprietor Andrea Tan, however, said the delay was due to the variations imposed by the City of Cebu itself, which reason was not disputed by the complainant.Based on the prosecutor’s ruling, no basis was found to file a case against Rama and his associates under Section 3 (e) of Republic Act 3019.“In this case, as earlier discussed, the records are bereft of adequate evidence that Respondents conferred unwarranted benefit on Geety Realty or caused undue injury to the government or third persons. Neither is there any showing that they acted with manifest partiality, evident bad faith or gross inexcusable negligence. Hence, the instant complaint must be dismissed,” the Ombudsman’s decision read.Edgardo Labella defeated reelectionist Osmeña in the 2019 elections that saw Rama take the seat of vice mayor. Rama is now back as mayor, however, after Labella died in office last November.