CEBU, Philippines - Two days after the Cebu Provincial Board slapped Dumanjug Mayor Nelson Garcia with a six-month suspension, Vice Mayor Efren Gica asked the OB to implement the order, saying it should not wait for the former’s appeal.
“It is clear...that, filing of an appeal (or even a motion for reconsideration) by respondent Mayor Nelson Gamaliel Garcia does not work to stay the execution of the decision of guilt against him and imposition of the penalty of six months suspension,” read Gica’s three-page motion submitted to the board on March 18.
On March 16, following the recommendation of the Committee on Complaints and Investigation, the board suspended Garcia for abuse of authority when he appointed a secretary to the municipal council, a move that was supposed to be the responsibility of Gica being the head of the council.
Gica, in that same complaint, charged Garcia for grave abuse of authority and grave misconduct.
The board gave Garcia 30 days to file his motion for reconsideration. As of yesterday, Garcia had not yet filed his appeal.
Citing Section 68 of the said law, Gica said an appeal “shall not prevent a decision becoming final or executory.”
“Wherefore, premises considered, it is most respectfully prayed of this Honorable Sangguniang Panlalawigan of Cebu to honor and enforce... The Local Government Code by directing immediate execution of the penalty of six months suspension it has imposed as a penalty... against the respondent Nelson Garcia,” read Gica’s motion.
The vice mayor, who will sit as acting mayor once Garcia’s suspension is carried out, filed a separate supplemental motion for execution.
He cited a Supreme Court decision (Don versus Lacsa, August 7, 2007), which says that the decisions of the PB on administrative cases are “immediately executory,” although the respondent “may nevertheless appeal the adverse decision” to the Office of the President or to the same board which suspended him.
Gica quoted a Department of the Interior and Local Government Opinion No. 24, Series of 2009, which states the finality of the board’s decision “upon receipt of a copy thereof by the respondent.”
Garcia has reportedly received his copy of the decision on March 17.
In earlier interviews, Garcia questioned the board’s authority to hand him the verdict, saying the case is already being heard before the Office of the President, where he filed a demurrer to evidence last September.
Garcia said by still continuing the case, the board defied Section 9 (Stay of Execution) of Administrative Order No. 22 of the Office of the President, which states that “the execution of the decision/resolution/order appealed from is stayed upon the filing of the Notice of Appeal within the period prescribed herein.” — (FREEMAN)