Gwen, 3 others given 15 days to answer mandamus case

CEBU, Philippines – The Regional Trial Court has granted Governor Gwendolyn Garcia and three other Capitol officials 15 days extension to answer the civil case for mandamus that Vice Governor Gregorio Sanchez, Jr. has filed against them in relation to the non-renewal of the contracts of his consultants.

RTC Judge Wilfredo Fiel Navarro found Garcia’s request, for extension to answer the petition for mandamus, prohibition and damages, meritorious.

The court has given Garcia and the other respondents, Provincial Attorney Marino Martinquilla, Provincial Administrator Eduardo Habin and Provincial Treasurer Roy Salubre, until August 28 to answer the case.

Garcia’s request for extension was described by Lawyer Oliveros Kintanar, Sanchez’s counsel and consultant, as a dilatory tactic. But, the governor said she has more important things to attend to.

 “Daghan pa kaayo kog mga issues nga angay i-solve,” Garcia said. The petition was supposed to be heard last Friday but because of Garcia’s request, the court was forced to postpone the hearing.

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 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 terminate the contracts of the consultants under the office of the vice governor whose salaries are paid out of appropriations in the budget for the Sangguniang Panlalawigan. (FREEMAN)