Gica questions Sandigan jurisdiction over graft raps

CEBU, Philippines — Beleaguered Dumanjug Mayor Efren Guntrano “Gungun” Gica is seeking a pre-suspension hearing to determine if the information of the case filed against him is valid, following the 90-day preventive suspension ordered by the Sandiganbayan.

Lawyer Edgar Gica, mayor’s father and legal counsel, said the anti-graft court is set to hear their motion on April 26.

“It is the spirit of the law that grants unto the accused in Sandiganbayan charged under Republic Act 3019, a chance to seek, to determine the validity of the Information,” Edgar said.

Gungun was charged for violation of Section 3(e) of Republic Act 3019 or Anti-Graft and Corrupt Practices Act, Falsification of Public Documents, and Malversation of Public Funds.

He was ordered to show cause within 10 days why he should not be placed under preventive suspension pending the resolution of the case. The order was issued after his arraignment on January 23.

However, the mayor failed to comply with the order, thus, the information filed against him was deemed valid. The anti-graft court has directed the mayor to “cease and desist from performing and/or exercising the functions and duties, as well as receiving and/or enjoying the salaries, benefits and privileges of his current public position or any other public office or position he may now or hereafter be holding, within such period of preventive suspension.”

But Edgar is questioning the validity of the Information claiming that the Sandiganbayan has no jurisdiction over the case.

“Gungun was charged when he was still a vice-mayor,” the lawyer said.

According to him, the vice mayor is not within the jurisdiction of the anti-graft court. He added that there was also no proper determination of probable cause in the preliminary investigation of the charge for malversation.

The malversation was just presumed by them because of the P10,000 difference in the amount on the alleged falsified receipt showing P21,000 when the actual expenses was only P11,000.

Edgar said there was no investigation nor a demand for explanation or return of the P10,000 overpayment.

“All they have to do is demand. Why is it that there is this difference of P10,000 or shortage of P10,000,” the lawyer said. (FREEMAN)