Amidst the ongoing discussions regarding the operation of the Colon Night Market, Barangay Mabolo Captain Daniel Francis Arguedo raised concerns about the apparent “privatization” of the market, a move that he said lacks any supporting provision from the existing ordinance.
In a public post, Arguedo, who is also a lawyer, shared a picture of a letter he sent to Cebu City Mayor Nestor Archival that raises several questions and concerns regarding the legality of the night market’s operations, particularly on the authority of its current organizer.
In his letter, Arguedo clarified that it was written in response to Archival’s public “open declaration” on social media, which stated that anyone could approach him directly in his office.
“Hopefully, this letter will guide you in your future actions, especially so when you are always under attack by Councilor Pastor Alcover Jr. I simply wanted to help you, in case you are not aware of the legal requirements,” an excerpt of the letter reads.
Also attached in the same post was a certification from the Office of the Sangguniang Panlungsod dated 22 October 2025, citing that there is “no ordinance establishing and regulating a Night Market in Cebu City.”
Without an ordinance for such purpose, Arguedo said any undertaking of a night market is devoid of any legal basis, adding that it must be stopped or corrected immediately.
Arguedo referenced a provision in Section 21 of the Local Government Code, which addresses the opening and closing of roads. According to this provision, a local government unit may, through an ordinance, permanently or temporarily close or open any local road, alley, park, or square within its jurisdiction.
However, it is important to note that for a permanent closure, the ordinance must be approved by at least two-thirds of all members of the Council, he said.
Arguedo stated that the “hasty privatization of the night market’s operations” benefits a private entity. He also noted that the lack of a public hearing is “clearly contrary to the policy direction of the City of Cebu.”
“I hope the foregoing is very clear to you, and I hope also that you will not take this guidance against us,” Arguedo said.
Nearly a month after the reopening of the Cebu City Colon Night Market, questions regarding its legality persist. Officials continue to debate calls for a temporary suspension of the market to allow for an investigation into these concerns.
Councilor Pastor “Jun” Alcover, the chairman of the committee on markets and a vocal critic of the Colon Night Market, has once again criticized its operations. He has raised concerns about what he claims is an expired approval for the road closure necessary to facilitate the market’s activities.
During a recent council session, Alcover delivered a privilege speech addressing an issue he has consistently raised in recent weeks: the ongoing operations of the Colon Night Market, which he continues to label as ‘illegal.’
Recently, the Cebu City Council has been investigating alleged irregularities related to the operations of the night market. Their focus has shifted to past collections, as an executive session was called to examine the operations of the former Colon Night Markets, specifically to understand why the city did not collect any special permit fees.
This inquiry was prompted by Councilor Paul Labra, who presented a privilege speech outlining his concerns about the controversial operations of the Night Market, which have drawn attention in recent days.
Previously, Archival reiterated that a third-party channel had already been established to mediate the Night Market operations amid questions and concerns surrounding its legality in the absence of GASA as convener.
Before this, Alcover first raised issues against the current operation after the mayor refused to convene the GASA sa Gugma Board, the policy-making body reportedly responsible for organizing the Night Market operations.