Garcia junks PB order

CEBU, Philippines - Dumanjug Mayor Nelson Garcia refuses to honor the order of the Cebu Provincial Board for him to answer the administrative complaint filed by Vice Mayor Efren Guntrano Gica against him.

According to Garcia, the notice was signed by PB Secretary Aniceta Pasaylo when in fact it should be the majority floor leader of the board who should sign.

“Nganong si Pasaylo man mo-order nako, there should be transmittal from the Board. Wa man mi kadawat ana from the Provincial Board to Atty. Pasaylo,” Garcia told The FREEMAN.

Garcia explained that his motion to dismiss the complaint is supposed to be heard by the PB en banc.

He found out that the report of the PB committee on complaints and investigation chaired by Board Member Arleigh Jay Sitoy was attached to the notice signed by Pasaylo.

Garcia stressed that there should be transmittal from the PB to Pasaylo and not from the committee that handles the case.

Sitoy, who happens to be the majority floor, also told The FREEMAN that as a matter of procedure, all communications should pass through the PB secretary.

He also denied the claim of  Garcia, saying that Pasaylo tendered the notice per instruction of the PB.

“Notices are not signed by me but by the SP secretary. Ministerial function na,” Sitoy said.

The PB last February 17 ordered Garcia to answer within 15 days the administrative complaints filed by his vice mayor over the appointment of the Sangguniang Bayan (SB) secretary.

The PB approved the recommendation of Sitoy’s committee to deny the motion to dismiss filed by Garcia.

Sitoy said that his committee considered Garcia’s motions to dismiss the cases as his answer. But majority of the members of the board agreed to require the mayor to submit his formal answer.

Once Garcia answered, the PB will proceed with the full blown investigation of the complaint.

Gica accused Garcia of committing grave abuse of authority for usurping the appointing power of the vice mayor, obstructing the due exercise by the vice mayor of the power to appoint all officials and employees of the SB, and hampering the performance by the duly appointed SB secretary.

Garcia also filed countercharges against Gica for grave abuse of authority and serious misconduct over the appointment of SB secretary and for malversation of public property for Gica’s alleged failure to return two sets of computer and laptop when the latter’s term as councilor expired on June 30, 2010.  (FREEMAN)