Dumanjug Mayor asks PB: Disqualify committee members

CEBU, Philippines -  Dumanjug Mayor Nelson Gamaliel Garcia has asked the Cebu Provincial Board to disqualify the members of the PB committee that is investigating the complaints against him.

Yesterday, Garcia filed a Motion for Disqualification and Involuntary Inhibition against Board Member Arleigh Jay Sitoy, the committee chairman, and his members. 

He said that since the beginning of the case, Sitoy and the members of the committee have demonstrated partiality and bias in favor of Vice Mayor Efren Guntrano Gica, the complainant.

Garcia also presented additional argument to support his motion for reconsideration on PB Resolution No. 600-2014 recommending that he suspended preventively for 60 days pending resolution of the complaint.

He alleged the resolution is “irregular, invalid and illegal for having been surreptitiously presented and adopted” in gross violation of the PB’s own rules and procedure.

Section 2 of the rules provides that only items and matters listed in the agenda shall be taken up and discussed in the session.

Garcia alleged that even if the order was not in the agenda for the March 24 session, Sitoy, as the majority floor leader, allegedly “surreptitiously smuggled” it into the proceedings.

Sitoy said the allegation is untrue because the issue was the “other matters” in the calendar of business.

“The inclusion of the item was not even objected to when voted upon,” Sitoy contended.

Garcia also alleged that Sitoy and the members of the committee are “deliberately and maliciously deceiving and misleading” Governor Hilario Davide III on the actual status of the case.

Paragraph 2 of Resolution No. 600-2014 states that the committee “has conducted a thorough inquiry and examination” of the case, “perusing documents, sending notices and calling upon the parties to shed light on the controversy.”

“This statement is a monstrous perverted and unmitigated lie!” Garcia said.

In a press conference yesterday, former Governor Pablo “Pabling” Garcia, the mayor’s father, said the committee failed to hold a preliminary hearing for the complaint.

“Ang preventive suspension dili automatic. Nanginahanglan nga ang evidence of guilt is strong. Di na nimo makit-an kung way hearing. Mitoo sila nga they can do anything kay sila Liberal pero dili, embarrassment sila sa party,” he said.

Sitoy contended that the committee based its order on the pleadings and documents submitted.

“The intent in the issuance of preventive suspension will be defeated if hearing be conducted. Our investigation of the case will be hampered if the present set up of the municipality remains especially with the possible interference of the mayor,” Sitoy said.

Sitoy said the preventive suspension is not a penalty and they have yet to conduct hearings on the case.

Garcia believes the committee’s move was a violent reaction to the administrative and criminal complaints he filed on March 13, 2014 with the Office of the Ombudsman against Sitoy and PB Members Grecilda Sanchez, Raul Alcoseba, Peter John Calderon, Christopher Baricuatro and Miguel Antonio Magpale.

“How can we expect them to be impartial? Mo-inhibit sila, delicadeza na lang. Baga kaayo ka’g nawong og di ka mo-inhibit,” he said.

Sitoy, believes otherwise.

“I contend that all the more we should participate in the further proceedings in the case as it is in the conduct of an objective investigation of the case that will prove the unfair accusations wrong,” Sitoy said.  (FREEMAN)