Garcia implores Calungsod help

CEBU, Philippines - Cebu Governor Gwendolyn Garcia is imploring the help of Blessed Pedro Calungsod that she would be able to make it to Vatican City during the canonization of the Visayan martyr this October.

Garcia yesterday expressed hope that the motion for reconsideration on the hold departure orders against her and seven others will be granted by the Sandiganbayan.

“I would really, really hope that Cebu will be represented in the person of the governor when the canonization of San Pedro Calungsod will be realized in the 21st of October,” Garcia told reporters.

Garcia said she always believes in the power of prayer and with all these “political harassment and political machinations” that are happening she always believes that the truth will conquer evil.

Garcia’s daughter and counsel, Christina Frasco, told The FREEMAN that they will be filing a motion for reconsideration on the issuance of the HDO.

Frasco said that they will also be filing a supplement to their motion for reconsideration with the Ombudsman to further give them more relevant information that will aid them in the just disposition of the case.

Frasco noted that the HDOs were issued on July 25, 2012 and they filed a motion for reconsideration with the Ombudsman and motions for suspension of proceedings with the Sandiganbayan on the same date.

Frasco, however, said that their motions for suspension were only heard and granted by the Sandiganbayan on August 3 on the basis of the pendency of the motion before the Ombudsman.

She said that it is clear, therefore, that the HDOs were granted before the hearing on the motions for suspension and before the resolution of the MR.

“Effectively, the HDOs were granted without Governor Garcia having had the opportunity to present evidence and arguments in her behalf to justify a reconsideration of the Ombudsman’s resolution and the suspension of the proceedings,” Frasco said.

Frasco said that they are filing the motion for reconsideration on the issuance of HDOs considering that these would effectively prevent Garcia from performing her duties in official functions out of the country to which she has been invited.

She added that they are also studying the filing for leave of court to allow Garcia to travel.

“As it is now, well, kung naa ko’y hold departure, ari lang gyud ko kuyog sa akong mga pinalanggang Sugbuanon, dili lang gyud ko mobiya ninyo,” (…if I have a hold departure order, I will go with my beloved Cebuanos and I will not leave you) said Garcia.

Tomas Mocks Gwen

Meanwhile, Cebu City South District Rep. Tomas Osmeña mockingly congratulated Garcia for being the first governor in Cebu for the last 400 years to be issued a hold departure order.

“Congratulations!” he said while smiling before the reporters who attended the press conference at his house yesterday afternoon.

 At the rate things are going, Osmeña said he believes that the governor will eventually be suspended.

 “I think the suspension is coming,” he said, while adding that he dreamed of the governor doing her brainchild project the “Suroy Suroy Sugbo” at the Bagong Buhay Rehabilitation Center tagging it “Suroy Suroy sa BBRC.”

 But his wife, Cebu City Councilor Margot Osmeña said a suspension may prove to be advantageous to Garcia saying it would mean she could run again as governor next year, as her three terms would not be completed because of the suspension order.

The Sandiganbayan issued HDOs against Garcia and seven others who are accused in the graft and technical malversation case filed last month.

The anti-graft court’s second division issued the orders barring Garcia and the other accused from leaving the country without clearance from the court and to put their names in the hold departure list of the Bureau of Immigration.

The anti-graft court also issued an HDO against her co-accused who were charged with one count of graft each in relation to the purchase of the Balili property in Naga City.

They are former provincial board member Juan Bolo; Engr. Anthony Sususco, former Cebu Provincial Appraisal Committee (CPAC) chairman and provincial assessor; provincial treasurer Roy Salubre and assistant provincial engineer Eulogio Pelayre, former CPAC members; budget officer Emme Gingoyon; and private individuals Amparo and Romeo Balili.

The governor and her co-accused would need to file a motion to travel before the Sandiganbayan if they intend to leave the country.

It’s Normal

Lawyer Romeo Balili, the executor of the Balili Property said the issuance of the hold departure order (HDO) is a normal course of action.

“Hold departure order? Then I’m not leaving the country that’s the opening. I have just arrived last month from Europe so, if I want to leave the country then I have to ask permission,” he told the media.

Balili said the issuance of HDO follows if a case was filed before the Sandiganbayan. He added HDO means before leaving the country the person concerned must seek permission first.

Moreover, Balili said there was no scheduled arraignment yet of his anti-graft case.

“Actually I filed a motion to suspend arraignment before the Sandiganbayan pending resolution of the motion for reconsideration filed before the Office of the Ombudsman-Manila,” he said.

Based on reports, the Chairman of the Sandiganbayan Second Division Associate Justice Teresita V. Diaz-Baldos signed the HDO against the respondents who were charged over an alleged anomalous purchase of the Balili Property in Tinaan, Naga City on July 24, 2012.

Lawyer Chloe Tabo-tabo counsel of Amparo Balili, the owner of the Balili Property said the HDO is not a problem. She said her client has no plans of leaving the country.

Hearing

Yesterday, Judge Raphael Yrastorza of Regional Trial Court Branch 14 submitted the motion for reconsideration filed by Amparo Balili for the denial of her motion to demurer to evidence for resolution.

The hearing lasted less than ten minutes.

Lawyer Marino Martinquilla for the Province of Cebu said the court will now resolve the motion for reconsideration.

However, when asked if the case before RTC Branch 14 has something to do with the case before the Sandiganbayan, Martinquilla declined to comment stating he never represented any of the respondents before the Sandiganbayan.

Back to the case before RTC Branch 14, he said “we fight this case we are sincere in pursuing the case.”

Earlier, the Province of Cebu filed a civil case against the heirs of late Luis Balili for the refund of what it paid for the property, which has been found to have a huge portion that is underwater.

The provincial government bought the property for P98.9 million.

The Balili Property has 24.92 hectares with 19.67 hectares under sea water. —with Liv Campo and Mylen Manto/NLQ - THE FREEMAN