Cebu PB suspends Dumanjug mayor

CEBU, Philippines - The Cebu Provincial Board has placed Dumanjug Mayor Nelson Gamaliel Garcia under preventive suspension for 60 days over the appointment of Municipal Council secretary.

The PB yesterday approved the recommendation of the Committee on Complaints and Investigation headed by Board Member Arleigh Jay Sitoy requesting Governor Hilario Davide III to issue an order preventively suspending Garcia.

The case stemmed from the administrative complaint filed by Dumanjug Vice Mayor Efren Guntrano Gica against Garcia for abuse of alleged authority and misconduct in office for allegedly encroaching on the power of the former.

“The evaluation of the case shows that the evidence of guilt is strong and it being clear that the offense for which respondent is charged is grave and given his position, there is great probability that his continuance in office could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence, there is a need for the issuance of preventive suspension,” read the resolution.

The decision came more than a week after Garcia filed criminal and administrative complaints before the Office of the Ombudsman-Visayas against Sitoy and the members of the committee investigating him.

Garcia accused Sitoy, Grecilda Sanchez, Raul Alcoseba, Peter John Calderon, Christopher Baricuatro, and Miguel Antonio Magpale of grave abuse of authority and serious misconduct.

The town mayor said the members of the committee violated the Anti-Graft and Corrupt Practices Act when they allegedly acted unfairly in his case.

Garcia asked the committee headed by Sitoy to dismiss the complaint.

However, instead of acting on his motion to dismiss, the committee considered it as the mayor’s answer to the complaint.

When the committee report was deliberated yesterday, PB Members Joven Mondigo Jr., Sun Shimura and Alex Binghay, all allies of Garcia of One Cebu Party, abstained from voting on the recommendation.

Mondigo manifested that he did not receive a copy of the recommendation before it was presented to the plenary.

Provincial Secretary Aniceta Pasaylo said that it has been the practice even during the incumbency of Mondigo as chairman of the said committee that only members are given copies of the report.

Those who voted in favor of the suspension are all allies of the complainant Vice Mayor Gica who belongs to the Liberal Party. They are PB Members Sitoy, Alcoseba, Sanchez, Magpale, Jude Thaddeus Sybico, Thadeo Ouano, Carmen Remedios Durano-Meca and Celestino Martinez III.

Absent were PB Members Julian Daan of One Cebu, and Calderon and Baricuatro, both of LP.

Garcia told The FREEMAN that from the start of the filing of the case by Gica, he already felt the bias of the majority of the PB members.

“Even from the start of the filing, zarzuela man gyud ni, kahibawo naman ko sa ila tumong ug tinguha nga ila gyud ko isuspenso. Wala gyud ta’y justice makuha diha sa Provincial Board, inhustisya gyud ang ilang buhaton because I am a Garcia, para nila nindot kaayo igukod og Garcia,” he said.

Sitoy claimed Garcia admitted during the preliminary investigation the act of appointing the municipal council secretary which the latter denied, saying he only designated one while the position was yet opened for filling up.

The Civil Service Commission also invalidated the appointment made by Gica after it did not pass through the screening of the Personnel Selection Board chaired by the mayor.

“What is there to prevent? To designate is a strong evidence for me to be preventively suspended?” Garcia said.

Garcia vowed to go to court as soon as he receives the suspension order.

Gica accused Garcia of committing grave abuse of authority for usurping the appointing power of the vice mayor, obstructing the due exercise by the vice mayor of the power to appoint all officials and employees of the municipal council, and hampering the performance of the duly appointed municipal secretary.

Garcia filed countercharges against Gica for grave abuse of authority and serious misconduct over the appointment of the municipal secretary and for malversation of public property for allegedly not returning two computer sets and a laptop when the latter’s term as councilor expired on June 30, 2010. —/BRP (FREEMAN)