Garcia counsels slam Magpale over sub judice

CEBU, Philippines -  The legal counsel of Governor Gwendolyn Garcia has hit back at Vice Governor Agnes Magpale for using a pending case as basis to prove their position that further developments in the Balili property should have gone through the Provincial Board.

Atty. Lito Astillero, one of the official counsels of Garcia, said that Magpale should not be discussing publicly the case of Garcia against some provincial officials which is still pending under the Sandiganbayan.

Last Wednesday, Magpale stated during a press conference that subsequent developments, like that made in the Balili property, should be supported with ‘substantial details’ in the appropriations ordinance and not lump-summed.

Magpale cited part of the en banc decision which said “should the appropriation ordinance describe the projects in generic terms such as “infrastructure projects,” “inter-municipal waterworks, drainage and sewerage, flood control, and irrigation systems projects,” “reclamation projects” or “roads and bridges,” there is an obvious need for a covering contract for every specific project that in turn requires approval by the sanggunian”.

However, Astillero said that the statement picked up by Magpale in the decision was an “Obiter Dictum” or a judge’s expression of opinion or observation that does not form or affect the court’s decision.

This, Astillero explained, should not be confused with the decision of the court which in this case is still pending as it was remanded to the court for further proceedings.

Consequently, since the case is still pending, Astillero said that Magpale should not be publicly talking about it since the rule on sub judice should be followed. Sub judice is Latin for “under judgement” and is the legal term for a case still under trial which should not be commented in public so as not to affect the impartiality of the court.

Cebu Provincial Legal Officer Atty. Marino Martinquilla also pointed out that Magpale was already a board member since 2004 which should have given her direct access to probe the proposed annual budget.

“Ngano karon raman ni niya gi-raise na issue on lump sum? All appropriation since sa una in-ana naman gud na, (Why is she raising the lump sum issue only now? All appropriations have been that way even before),” said Martinquilla.

Further, Martinquilla said that the governor is particularly alarmed and disturbed by the comments made by Deputy Ombudsman for the Visayas Pelagio Apostol.

Apostol, in a TV interview, said that Ombusdman Conchita Carpio-Morales is interested to know further on the said developments of the Balili property and that a possible cease and desist order may be served.

Martinquilla said that Apostol should not be commenting on the matter since he should know that the case is pending. “The Ombudsman is supposed to be the ethical guardians, but he is the one violating it.”

2nd district Representative Pablo “Pabling” Garcia said that Apostol went overboard and that he should not be stating ‘personal sentiments’ on the matter.

Pabling said that Apostol should be the one to ‘cease and desist’ from making comments that show his personal biases.

“Next time please be careful with your statements,” said Garcia who added that Apostol can be sued for contempt of court.

Further, the legal counsels of the governor said that Garcia is reserving her right to take whatever actions against Apostol and those involved in the recent issue.

“If in-ani na legal issue, dili buhaton na political issue. If naay reklamo resort to legal remedies. (Legal issues like these should not be made political. If there are complaints, resort to legal remedies),” Martinquilla said. —  (FREEMAN)