Greg sues Gwen, 3 others for damages

CEBU, Philippines-Vice Governor Gregorio Sanchez, Jr. yesterday filed a civil case for mandamus, prohibition and damages against Governor Gwendolyn Garcia and three other provincial officials because of the non-renewal of the contracts of his nine consultants.

Aside from Garcia, Sanchez also named provincial attorney Marino Martinquilla, provincial administrator Eduardo Habin and provincial treasurer Roy Salubre as respondents of the complaint.

The governor immediately dismissed the move as another diversionary tactic and “publicity stunt” of Sanchez.

In a six-page petition filed before the Regional Trial Court in Cebu City, Sanchez prayed for an order directing budget officer Emme Gingoyon and pro vincial treasurer Roy Salubre to “immediately give due course and take appropriate action on the consultancy service contracts” executed by him and his consultants effective January 1 to July 31, 2010.

He likewise asked the court to order Garcia to “refrain from resorting further to her appalling influence over subordinate provincial officials.”

Sanchez also asked that the respondents will be made to pay damages in the form of attorneys fees and litigation cost on top of the P100,000 moral and exemplary damages.

 “I filed this case para makuha nako pagbalik ang function as a vice governor,” Sanchez told reporters.

The case stemmed from the memorandum issued by Garcia on January 4 informing the vice governor that the contract of his nine consultants will no longer be renewed because their functions are already duplication to that of the executive department.

The nine affected consultants include Leo Atap, consultant on data programming and software and development; Edgar Godinez, consultant on trade, investment and promotions; Sophela Ignacio, consultant on livelihood and administration; Manuel T. Mauel, organic farming; Edgar Sibonga, consultant on infrastructure; and Oliveros Kintanar, consultant on legal matters.

Sanchez claimed that the governor’s move was illegal because she does not have the authority to meddle on matters affecting legislative concerns.

The vice governor pointed out the separation of powers between the executive and the legislative. He also cited a Supreme Court decision in the case of Ramon M. Atienza versus Jose T. Villarosa wherein the high tribunal held that the governor has no authority to terminal the contract of the consultants under the office of the vice governor whose salaries are paid out of appropriation in the budget for the Sangguniang Bayan.Garcia described the case as another “publicity stunt” of Sanchez after he was allegedly embarrassed for spreading wrong information to the media.

“He had to look for a diversionary tactics ba, nauwawan man gud siya atong iyang claim nga balik-balik ra ba, kapila gud to migawas, kapila ka semana in print and in broadcast media,” Garcia said.

Garcia cited the statement issued by Sanchez to reporters that the provincial government allocated P10 million for a 14-kilometer road opening in Tuburan.

During the same interview, Sanchez said based on their computation, it cost P714,000 per kilometer, while the road project implemented through his office only spent P2.7 million for a 4.7 kilometer road. 

Garcia, assisted by Provincial Engineer Eulogio Pelayre, presented a visual presentation of the road opening from Barangay Alegria to Barangay Kan-an in Tuburan town.

The road from Barangay Alegria passes barangays Marmol, Kabangkalan, Mag-alawa, Kan-an, Tumogpa, Kalunsing, Kaurasan and Bangkit has a total distance of 25 kilometers costing P6.5 million.

Garcia said based on their computation, it cost P258,347 per kilometer contrary to the claim of Sanchez that it reached P714,000 per kilometer.