PB dismisses malversation complaint vs Efren Gica

CEBU, Philippines — The Provincial Board (PB) last Monday dismissed the administrative case filed against former Dumanjug Vice Mayor Efren Gica for alleged malversation of public property.

The report of the Committee on Complaints and Investigation (CCI) stated that Gica was entrusted with one Macbook laptop and one NEO Notebook.

The complainant, Municipality of Dumanjug, represented by former Mayor Nelson Gamaliel Garcia, alleged that Gica failed to return the two electronic devices even after the municipal government demanded the return of the two items.

Gica, in his Motion to Dismiss, said that his reelection to public office should have, in essence, dismissed the administrative case against him.

He also claimed to have sent a letter to the town’s property custodian to document the return of the subject items.

After the investigation, the CCI has established the fact that the two laptops are now in the custody of the municipal property custodian.

“Considering the failure or refusal of the complainant to present witnesses and evidence, this Committee’s hands are tied. To the mind of this Committee, a lot of facts and circumstances necessary for a just and fair resolution of this case are missing,” said PB Member and CCI Chair Raul Bacaltos, in the decision he penned.

He continued that the allegations have remained as allegations considering that Garcia failed to prove his claim, despite the “sufficient opportunity” for him to do so.

“With all due respect, it is not enough for the complainant (Garcia) to furnish this Committee with a copy of a resolution of the Office of the Ombudsman regarding the alleged criminal case related to this case because this body (CCI) is independent and separate from the said Office,” read the CCI report.

CCI explained that their committee is bound to adjudicate and rule on the facts and circumstances presented before it, not on facts and circumstances presented before other government bodies.

“In the instant case, this Committee did not find enough substantial evidence which could lead into a conclusion that the respondent committed the charges against him, most especially since the records would show that the subject equipment are not in his custody, but in the custody of the Property Custodian,” concluded the CCI report.

The Committee dismissed the case due to lack of merit.

Its decision was adopted by the PB through a resolution last Monday.

At present, both Garcia and Gica are no longer serve in public office.

Garcia lost to Gica during the May 2016 elections while Gica was dismissed with finality from public service in 2017. — GAN (FREEMAN)