Court oks motion to dismiss case vs gov, other officials

CEBU, Philippines - The Regional Trial Court has dismissed the civil case filed by Dumanjug Mayor Nelson Gamaliel Garcia against Cebu Governor Hilario Davide III, the Provincial Board of Cebu and Dumanjug Vice Mayor Efren Guntrano Gica.

This after Garcia, through his legal counsels, earlier filed a notice of dismissal, citing the remedies being asked for in the case became moot and academic.

“…the bulk of the relief and remedies being prayed for therein having become moot and academic with the lapse of the period of preventive suspension of petitioner,” he said, adding the notice of dismissal was filed in accordance with Section 1, Rule 17 (dismissal of actions) of the Rules of Court.

With this, Judge Ma. Lynna Adviento of Branch 58 dismissed the civil case for certiorari, prohibition and injunction pursuant to Section 1, Rule 17 of the Rules of Court which states that a complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. Upon such notice being filed, the court shall issue an order confirming the dismissal.

Garcia earlier filed the case seeking for the reversal of the 60-day preventive suspension imposed upon him by Davide through the recommendation of the Provincial Board for allegedly committing grave abuse of authority.

However, before the notice of dismissal was filed, the respondents have filed a motion to dismiss before the court.

The respondents moved for the dismissal of the case, citing that Garcia failed to state a cause of action due to non-exhaustion of administrative remedies.

“…Garcia has the available remedy of questioning by way of appeal or otherwise the challenge resolution of the SP of Cebu re-commending for his preventive suspension, as well as the consequent preventive suspension order by respondent Davide before the Office of the President,” the respondents said, adding the power of supervision over elective public officials in the discharge of their administrative functions lies with the Office of the President.

Aside from the failure to exhaust administrative remedies, Davide, the PB and Gica said Garcia committed forum shopping when he also filed the same complaint before the Office of the Ombudsman against them.

The respondents added the case has become moot and academic as the order of preventive suspension has already been served.

Davide has ordered the suspension of Garcia on April 11 upon the recommendation of the Provincial Board pending the investigation of the administrative charge against him for alleged usurpation of authority. The preventive suspension of Garcia ended on June 11, 2014.

Gica filed a complaint before the Provincial Board against Garcia for allegedly encroaching on the authority on the vice mayor to appoint the municipal secretary.

Garcia reportedly designated Emmylou Cabonilas to take over in an acting capacity the position of Victor Tan Jr., who resigned in 2013.  (FREEMAN)