Gwen files motion for recon

 CEBU, Philippines - Gov. Gwendolyn Garcia filed a motion before the Office of the Ombudsman-Manila for the reconsideration of the two counts of graft and one count of technical malversation cases it filed against the governor.

A motion for suspension of proceedings before the Sandiganbayan was also filed.

Lawyer Christina Garcia-Frasco told reporters that they filed the motion last Wednesday as they only received a copy of the resolution on Friday last week.

In their motion, she said they questioned the jurisdiction of the Ombudsman.

“We argue from the very beginning that the Office of the Ombudsman has no jurisdiction over the case considering the properties are validly covered by Transfer Certificate of Title (TCT),” she said.

Frasco explained that the title of the property must be annulled first before the purchase can be considered invalid.

She further explained that even if the property is submerged, it is still covered by a TCT.

Considering that the lot has TCTs, there’s no way to claim that the purchase of the Balili property was invalid.

 “It is necessary that the proceedings before the Sandiganbayan will be suspended pending resolution of the motion for reconsideration filed before the Office of the Ombudsman-Manila,” she said.

Frasco said it was only Gov. Garcia who filed a motion for reconsideration as the other accused only received a copy of the resolution last Thursday.

They have five days to file their motion.

The Ombudsman charged Garcia with two counts of graft and technical malversation before the anti-graft court, Sandiganbayan, because of Capitol’s purchase of the 24.9-hectare Balili property in 2008.

Part of the property is either submerged  or planted with mangroves.

Charged with one count of graft were former provincial assessor and Cebu Provincial Appraisal Committee (CPAC) chief Anthony Sususco, Provincial Treasurer Roy Salubre, Provincial Budget Officer Emme Gingoyon and Provincial Engineer Eulogio Pelayre, lot owner Amparo Balili and executor Romeo Balili.  (FREEMAN)