Garcia appeals ‘premature’ 60-day suspension order

CEBU, Philippines - Dumanjug, Cebu Mayor Nelson Gamaliel Garcia, who is currently serving a 60-day preventive suspension for alleged usurpation of authority, has filed a motion for reconsideration on the order issued by Cebu Governor Hilario Davide III.

Garcia said the governor’s suspension order was “premature” because he was not even subjected to a “formal” investigation required under the Sanguniang Panlalawigan’s house rules in the investigation of administrative cases against elective municipal officials.

To recall, Dumanjug Vice Mayor Efren Gica filed an administrative complaint against Garcia for alleged abuse of authority and misconduct in office in appointing a Sangguniang Bayan (SB) secretary, which is an encroachment into the vice mayor’s power as SB presiding officer.

Garcia explained, citing a part of SP Ordinance No. 2009-06, that the complaint should have been set for formal investigation only after a preliminary conference, which was never scheduled.

Ordinance No. 2009-06 sets the “Rules and Procedures Governing Investigation of Administrative Cases Against Elective Municipal Officials of the Province of Cebu.”

Garcia said that before the hearing of his motion to resolve in “urgent” the pending motion to dismiss set on February 24, the PB had already denied it “without hearing.”

Last April 11, Davide issued the preventive suspension against Garcia that the PB recommended.

“It is clear that the order of the preventive suspension was issued prematurely, and contrary to the provision of the ordinance,” Garcia said.

He is hoping that Davide would be fair in evaluating his motion for reconsideration.

For his part, Davide assured impartiality, but said he was ‘unlikely’ to reconsider Garcia’s suspension.

“Wa pa nadawat nako nang MR (I have not received yet his motion for reconsideration). I will have to examine this motion but I will unlikely consider it, na-issue na gud (an order has been issued already),” the governor said

Garcia said if Davide will not recall his suspension, he would take all legal remedies, including the option of elevating the case to the court and asking for a temporary restraining order.— (FREEMAN)