Garcia questions 60-day suspension

CEBU, Philippines - Dumanjug Mayor Nelson Gamaliel Garcia  filed motion for reconsideration before the Cebu Provincial Board following its recommendation of a 60-day preventive suspension against him for usurpation of  authority over the appointment of  the Municipal Council secretary.

Garcia questioned the PB as to how it came up with the recommendation when no preliminary hearing has been conducted.

“Ang preventive suspension nanginahanglan nga ang evidence of  guilt is strong. Di na nimo makit-an kung way hearing. Wa may hearing nahitabo,” he said in a press conference yesterday.

The case stemmed from the administrative complaint filed by Dumanjug Vice Mayor Efren Guntrano Gica against Garcia for allegedly encroaching on the authority to appoint.

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

Former congressman Pablo “Pabling” Garcia, the mayor’s father, defended his son, saying that what his son did was not an appointment but a mere designation.

Pabling said that Gica’s complaint showed no prima facie evidence which prompted Mayor Garcia to file a motion to dismiss.

He explained that though vice mayor has the authority to appoint, in case of appointing career officers such as the Sangguniang Bayan (SB)  secretary, the vice mayor cannot exercise his authority until the chief  executive decides to fill the vacancy.

“Ang governor o mayor mo-order na nga ipa-post na ang vacancy, i-publish. Pag-assume sa vice mayor, ang naglingkod na ang katong gi-designate. Mikalit lang og appoint ang vice mayor bisan wa pa midesider ang mayor nga i-fill up na. So wa pa siya’y authority,” he added.

Mayor Garcia, through a memorandum, designated Emmylou Cabonilas to take over as acting capacity the post vacated by Victor Tan Jr. who resigned on June 26, 2013.

The Local Government Code provides that whenever a local chief  executive decides to fill a vacant career position, “there shall be posted notices of the vacancy in at least three (3) conspicuous public places in the local government unit concerned for a period of not less than fifteen (15) days.”

Applicants should also undergo a screening by the Personnel Selection Board, as provided by the code while a representative of the Civil Service Commission shall be the ex-officio member of the board.

“Kining pag-appoint sa vice mayor, wa ma-convene ang PSB. Illegal, null and void ang appointment kay di man siya ang chairman sa PSB,” Pabling stressed.

Davide has yet to decide whether or not to issue the 60-day suspension order against Mayor Garcia as the latter is hoping for the governor’s fair judgment.

“I trust Gov. Davide. Fair man na siya nga pagkatawo. I don’t think he would sacrifice himself in a situation nga siya mag-alanganin. Dili unta siya magpadektar. Iya usab untang timbang-timbangon,” he said.

Mayor Garcia has vowed to bring the case to court once the suspension order is served against him.—(FREEMAN)