PB denies Garcia motion

CEBU, Philippines - The Cebu Provincial Board will decide soon on the administrative case filed by Dumanjug Vice Mayor Efren Guntrano Gica against Mayor Nelson Gamaliel Garcia over the appointment of the municipal secretary.

This after the PB Committee on Complaints and Investigation chaired by Board Member Arleigh Jay Sitoy denied the motion for reconsideration filed by Garcia for “continued non-appearance and non-presentation of evidence despite the numerous chances afforded” to him.

Gica opposed Garcia’s motion alleging that it is dilatory and that it was filed only on October 9, 2014, or just a day before the scheduled reception of evidence of the respondent on October 10.

Garcia explained that he filed the motion following the PB’s denial of his demurrer to evidence pending his appeal before the Office of the President.

“Short cut man ‘na ang ila. Maghuwat una sila sa resulta sa ako appeal sa Malacañan,” he said.

Garcia added that he has now waived his right to present evidence.

But the Committee said Garcia’s appeal to the Office of the President “could not prevent the order of this Committee dated September 19, 2014 from becoming final and executory.”

“The respondent had failed to advance arguments, or cite provisions of laws or jurisprudence, which would call for the reversal or modification of the order dated October 2, 2014,” the Committee said.

The committee claimed it has sufficiently warned in the order dated October 2, 2014 that Garcia’s continued failure to present evidence would be considered a waiver to such right.

“Despite such warning, the respondent still continued his failure or refusal to present his evidence, and did not even bother to appear before this Committee,” it said.

The committee’s order still has to be approved in the PB plenary on Monday before it can be served to Garcia. — (FREEMAN)