Agnes to CA: Reverse ruling on Gwen’s case

CEBU, Philippines — Outgoing Cebu vice-governor Agnes Magpale has asked the Court of Appeals (CA) in Cebu to reconsider its earlier decision clearing Third District Representative and now Governor-elect Gwendolyn Garcia of the administrative case filed against her over the controversial Balili property.

“Wherefore, it is respectfully prayed of this Honorable Court of Appeals to reconsider its decision in favor of the petitioner and, consequently, another decision be rendered upholding the dismissal of the latter as found by the Office of the Ombudsman,” read the motion for reconsideration.

The motion was filed on the first week of June. Magpale received the decision May 22, 2019.

The CA, in its decision dated May 10, 2019, had reversed and set aside the Office of the Ombudsman-Visayas’ findings holding Garcia liable of grave misconduct and meted the penalty of dismissal from the service.

The appellate court had ruled that Garcia’s right to speedy disposition of case was violated; Garcia was liable of simple misconduct and not of grave misconduct; and the Condonation Doctrine applies to her case.

However, Magpale, through lawyer Magnificus Cañete, disagreed with the findings of the CA and asked the court to take a second look of their decision.

“Under the present case, the delay incurred is two and a half years. The reason of the delay is institutional delay which was brought about by clogged dockets and the processes under the Ombudsman Law regarding the handing down of decisions that, no matter what approach any Ombudsman would do, the same could hardly be eliminated,” read the motion for reconsideration.

The Office of the Ombudsman received 31,779 cases filed from 2013 up to 2015. Not to mention the cases pending before 2013 and cases filed after the 2015.

Magpale said Garcia was not liable of simple misconduct but of grave misconduct because “too many laws are being disregarded” by her.

The Province Cebu bought the 11 parcels of land of the Balili Property with total area of 249,246 square meters in Tinaan, Naga City for a price of P98,926,800, with 196,696 square meters allegedly submerged in water.

Also, the alleged contract for the supply of the filling materials for backfilling the submerged area was done without the required authority from the provincial board.

Condonation Doctrine

The condonation doctrine does not apply to the case, said Cañete to The FREEMAN.

He said in a Supreme Court decision in the Giron versus Ochoa case, condonation doctrine can be applied to a public officer who was elected to a different position provided that it is shown that the body politic electing the person to another office is the same.

“In 2013, the petitioner was elected as a representative of congress for the 3rd district of Cebu. The Province of Cebu at the time was comprised of six congressional districts. The total electorate of the Province of Cebu in 2013 was about 2,000,000 voters.  The entire 3rd district of Cebu comprised of only 1/6 of the total electorate of the Province of Cebu,” read the motion.

The CA ruled that 1/6 of the electorate of the Cebu Province or 333,000 voters can be construed as the same body politic that elected Garcia as representative of congress from the electorate of more than two million for the entire province that elected her in 2010 as governor.

Magpale, however, disagreed based on the Supreme Court ruling in Almario-Templonuevo and in Giron vs. Ochoa.

“The Supreme Court, in the case of Almario-Templonuevo, GR No. 198583, June 28, 2017, clarified that condonation doctrine was applied to a public official elected to a different position because the electorate for vice mayor is the same electorate voting for the position of a member of the Sangguniang Bayan. In other words, the same body politic,” read the motion.

It was in 2012 when outgoing Governor and now Cebu vice-governor elect Hilario Davide III and others filed the case against Garcia and others before the Office of the Ombudsman. (FREEMAN)