Garcia-Sanchez case: DILG admits evidence, Garcia's lawyers object

CEBU, Philippines - The lawyers of Cebu Governor Gwendolyn Garcia have posed objection to the admission of the Department of Interior and Local Government (DILG) of the formal offer of documentary evidence submitted by the camp of the late vice governor Gregorio Sanchez, Jr. in the administrative complaint which he filed when he was still alive.

Garcia’s daughter and lead counsel, Christina Frasco, filed a motion for reconsideration to the order of DILG hearing officer Ranny Spencer Palisoc admitting the said documents identified by the complainant’s witnesses.

Sanchez’s lawyer, Renato Galeon, manifested that he will file comment to the motion if necessary.

Frasco said, “We have manifested repeatedly and continue to manifest our strong objection to the continuation of the proceedings without a ruling on our pending objections.”

She added, though, that they respect the discretion of the hearing officer but will not let go of their objections.

During the hearing yesterday, Palisoc has deferred the ruling on the objection of Frasco on the legal standing of Sanchez’s daughter, Grecilda Zaballero, to participate in the proceedings in behalf of her father.

In filing the motion for reconsideration, Frasco said there are a lot of issues that Zaballero has adduced in her supplemental affidavit.

“Daghan na kaayo mga isyu nga wala’y labot sa original complaint ug wala’y labot sa among gisabutan nga preliminary conference order that we are taking up now and we find that highly objectionable because it is a violation of procedural rule as well as Gov. Garcia’s constitutional right to due process,” Frasco said.

Administrative Order 23 of the DILG provides that when the complaint is filed, a preliminary investigation is to be conducted. During the preliminary investigation, facts are determined to be stipulated upon and the issue to be tackled during the formal investigation. The preliminary investigation limits what is to be taken up during the formal investigation.

Sanchez earlier filed a complaint for usurpation of authority against Garcia before the Office of the President which was subsequently referred to DILG for formal investigation.

However, Zaballero alleged that Garcia arrogated the appointing power over employees of the office of the Vice Governor and Sangguniang Panlalawigan as well as the power to approve the disbursement of the Legislative Assistance Fund.

Frasco said that particular allegation is not a fact in issue because first, it was not included or alleged in the original complaint and second, it is not a fact in issue approved by the hearing officer in the preliminary conference order.

“They are not in the position to adduce additional issues or adduce evidence in support of the issues raised by the complainant, vice governor Sanchez,” Frasco said, hinting on the pending issue on the legal standing of Zaballero in the case.

“We are essentially having to respond to someone who is not even a recognized party with legal standing in this proceedings considering that no ruling has been given on such standing,” Frasco further said.

Another allegation raised by Zaballero is the alleged usurpation of Garcia of the authority of Sanchez in the employees in the Legislative Research and Codificatioin Project (LRCP).

Sanchez had raised the alleged budget encroachment by Garcia on the transfer of budget for the LRCP from the office of the vice governor and SP to the Office of the Governor. —(FREEMAN)