Town mayor files raps vs Ecija vice governor

CABIAO, Nueva Ecija, Philippines — The rift between the camp of embattled Mayor Abundia Garcia and the Sangguniang Panlalawigan led by Nueva Ecija Vice Gov. Edward Thomas Joson has reached Malacañang as the first-term mayor, a former staunch ally of the Josons, filed an administrative complaint against the vice governor and eight provincial board members before the Office of the President.

In a 13-page complaint-affidavit before the Office of the President, Garcia accused Joson and eight others of grave misconduct, oppression, grave abuse of authority and conduct prejudicial to the best interest of the service. Also named respondents are Board Members Rommel Padilla, Raqueliza Agapito, Wilfredo Munsayac, Melchor Morales, Romanito Juatco, Eric Daniel Salazar, Cesar Cucio and Lance Jarwin.

The case stemmed from a resolution of the SP recommending to Gov. Aurelio Umali the preventive suspension for 60 days of Garcia in connection with the case for grave misconduct filed against her by Vice Mayor Marcelino Simbillo and seven of the municipal councilors for allegedly cursing them before the municipal session hall on Oct. 6.

Garcia said the nine SP members comprising the majority bloc should be charged for the acts they are being accused of, for immediately giving due course to the complaint against her even if the acts complained of, are not related to her official functions as mayor, for allowing the committee on rules and privileges to conduct administrative proceedings despite lacking specific authority from the SP, for violating RA 7160 (Local Government Code) for recommending her suspension even though there was no basis and for conducting the investigation although more than 120 days had lapsed since she was informed of the charges, also in violation of RA 7160.

She also accused the committee of terminating the investigation without giving her the opportunity to present her evidence and witnesses, for denying her two motions to dismiss and of allegedly railroading the approval of the resolution recommending her preventive suspension.

Tyranny of numbers

Garcia sought the prevention of the 10 officials, noting that allowing them to stay in their respective offices while her complaint is being investigated will allow them to tamper with documentary evidence at their disposal.

She said that while she filed a motion for reconsideration of her preventive suspension, it was denied at the instance it was filed. “It was dead on arrival,” she complained. She added that the “tyranny of numbers” was used to the hilt by the SP majority and that their acts constituted political harassment.

Reacting to Garcia’s administrative complaint before the Office of the President, Joson expressed hope that Malacañang would realize that the case against them was without basis and that they actually gave the case against the mayor due course. “What we at the SP have been doing is in accordance with our internal rules,” he said.

Joson denied Garcia’s claim that she was not given her day in court, adding that her counsels have been attending hearings of the SP and that she has been afforded the opportunity to file her reply and other documentary evidence. “Aside from the documents, we have set hearings to give Mayor Garcia a chance to face her accusers,” he said. “We also asked her to present witnesses but she did not present any.

Joson said it was wrong for the mayor to assume that her act of cursing the complainants was not related to her official functions as mayor. “When would she make cursing an official function? It was related to her official functions because she cursed the councilors for making an inquiry into the financial transactions of her administration,” he said. He added that the committee on rules and privileges has the authority to act on the complaint against Garcia as it was tasked to hear administrative cases.