CA defers action on Garcia petition

CEBU, Philippines - The Court of Appeals (CA) yesterday deferred acting on the petition of Cebu Governor Gwendolyn Garcia to stop the order suspending her.

Gubernatorial candidate Hilario Davide Jr., on the other hand, said it would be doubtful if a temporary restraining order can be issued in favor of the suspended governor.

Davide, in a press conference yesterday, said that there is nothing to restrain considering that Vice Governor Agnes Magpale had already assumed the post of acting governor.

Davide said that the main aim of the TRO is to restrain Magpale from assuming the post.

“Unsa pa man ang i-restrained nga ni assumed na man si Magpale? Paugat na lang gyud nang ilaha,” Davide said, hoping that Garcia will step down.

Davide, the provincial chairman of the Liberal Part, added that the LP has supported leadership of Magpale.

Deferred TRO action

After deliberations, three members of the CA’s 12th division opted to defer action on her prayer for a temporary restraining order (TRO) against the implementation of the suspension order for six months.

Instead, the CA division ordered the respondents, Office of the President and Department of the Interior and Local Government (DILG), to immediately file an answer to Garcia’s petition.

The appellate court scheduled the case for oral argument on Jan. 10.

But a resolution will be issued today, according to a source in the division composed of Associate Justices Vicente Veloso, Eduardo Peralta Jr. and Aurora Jane Lantion.

Although the appellate court did not issue the TRO sought by the petitioner, it does not mean such prayer was already denied.

The source explained they would decide on whether to issue the TRO after the oral argument and hearing the side of the respondents.

The suspension order against Garcia stands in the absence of a TRO from the CA.

Reply to opposition

Yesterday, Garcia’s camp filed a reply to the opposition of the Office of the Solicitor General, which asked for the denial of her petition for TRO.

Lawyer Christina Garcia Frasco said that the Garcia has reason to petition for a TRO because of “flagrant abuse of the power of suspension.”

“The circumstances surrounding the illegal suspension of Governor Gwen Garcia would demonstrate that indeed there is a flagrant abuse,” Frasco said.

Frasco said President Aquino violated the Local Government Code, which states that the Office of the President must release a decision 30 days after the investigation.

“It is undisputed that both Section 66 (a) of the Local Government Code and Rule 10, Section 1 of Administrative Order No 23 set a mandatory period within which the president shall render a decision in an administrative case against a public official. Notwithstanding this clear and unequivocal period set by law, the decision against Governor Garcia was handed down only on December 17, 2012 or 474 days after it should have been rendered and a little over five months before the 2013 elections,” Garcia’s reply reads.

Enriching herself?

Liberal Party spokesperson Edgar Gica said that Garcia is unjustly enriching herself at the expense of the Capitol.

Gica said Garcia, who is already suspended, is using Capitol’s electricity, water and telephone lines for 24 hours since her suspension.

“Dapat pabayron na siya from her personal fund. She is using the facilities for 24-hours and to think she is already suspended,” Gica said.

Gica said LP is now collating evidence to file administrative, criminal and civil cases against Garcia. — Gregg Rubio, Mylen Manto, Mitchelle Palaubsanon, Philippine Star News Service/LPM (FREEMAN)