Only Gwen faces complaint filed by late vice governor

CEBU, Philippines - The Office of the President has excluded five other Capitol officials as respondents in the complaint filed by the late vice governor Gregorio Sanchez, Jr. against Cebu Governor Gwendolyn Garcia now being heard by the Department of Interior and Local Government.

In Sanchez’s complaint for accroachment of legislative power, grave misconduct and abuse of authority against Garcia, he included provincial legal officer Marino Martinquilla, provincial administrator Eduardo Habin, provincial treasurer Roy Salubre, assistant treasurer Emmanuel Guial and human resource management officer Noli Vincent Valencia.

But in a letter dated December 17, 2010 duly signed by Assistant Executive Secretary Ronaldo Geron, only Garcia was asked to answer the complaint.

Another letter dated April 5, 2011 duly signed by Geron forwarding the case to the DILG also mentioned Garcia as the only respondent.

The said documents formed part of the documentary evidence submitted yesterday by the camp of Sanchez for marking as exhibit during the second day of the four-day marathon hearing by DILG.    

Garcia’s lead counsel, her daughter Ma. Esperanza Christina Garcia-Codilla Frasco, invoked the Aguinaldo Doctrine as basis for the dismissal of the complaint.

Frasco manifested that all the allegations were allegedly committed before the reelection of her mother in the last May 10, 2010 elections except for the passage of 2011 annual budget which she stressed as sub-judice to discuss such as the case filed by Sanchez is still pending in court.

Sanchez filed application for the issuance of temporary restraining order and writ of injunction before the Regional Trial Court but the court already denied his petition for TRO which resulted in the passage of the 2011 annual budget.

Sanchez wanted to prevent the Provincial Board from approving of the 2011 annual budget after Garcia slashed the P45.5 million budget of the Office of the Vice Governor to P18 million.

Other alleged acts committed by Garcia prior to her reelection include the takeover of the signing of the appointments of contractual and casual employees assigned to the Office of the Vice Governor in 2007; stopping the publication of the "Legislative Gavel," the newsletter of the Provincial Board; hiring of consultants without authority from the Provincial Board; and the issuance of P20 million check to then Defense Secretary Gilberto Teodoro as donation for the victims of Typhoon Ondoy when the PB only authorized P10 million.

Sanchez’s counsel, Oliveros Kintanar, told reporters that the alleged acts are not covered by Aguinaldo Doctrine as claimed by Frasco as Garcia committed “continuing offense” which up to now are still in force.

While he agreed that the issue on the 2011 annual budget has not yet been terminated in court, Kintanar said that it has no bearing on the merit of the case as the complaint being heard by DILG aimed at the restoration of the power of the Office of the Vice Governor.

Kintanar said that what Sanchez asked in court is the rejection of the 2011 annual budget that was approved by PB.

The lengthy markings of the exhibits of both camps consumed almost the entire duration of the hearing as well as the stipulation of facts.

Frasco and Kintanar denied almost all facts stipulated by each other except some in a matter of law.

Frasco even denied documents in the possession of Sanchez’s camp that are duly signed by her mother for reason that those were not certified true copies.

DILG hearing officer Ranny Spencer-Palisok ordered the preliminary conference terminated yesterday while formal investigation shall begin this afternoon after the submission of written manifestation and arguments this morning.

Palisok also asked both camps to limit the presentation of their witnesses as the hearing will only last until tomorrow. – (FREEMAN)