CEBU, Philippines - The chairman of the Provincial Board committee investigating Dumanjug Mayor Nelson Gamaliel Garcia has no intention of letting go of the case, claiming that only the court can order for his and the committee members’ disqualification.
PB Member Arleigh Jay Sitoy, who heads the committee on complaints and investigation, said his committee will continue to assume jurisdiction of the case until ordered otherwise by the court.
Garcia sought the disqualification and inhibition of the committee, citing alleged bias against him. Sitoy said the board will take up the motion as soon as it is formally presented during its session on Monday.
According to Garcia, Sitoy and the members of his committee have shown partiality towards the complainant, Vice Mayor Efren Guntrano Gica, since the start of the investigation.
“Whatever insinuations thrown upon me, I will treat these as my energy drink,†Sitoy said.
The board earlier recommended to Governor Hilario Davide III to place Garcia under 60 days preventive suspension pending resolution of the complaint. Garcia also asked for reconsideration claiming that the resolution was “irregular, invalid and illegal for having been surreptitiously presented and adopted†in gross violation of the PB’s own rules and procedure.
Section 2 of the rules provides that only items and matters listed in the agenda shall be taken up and discussed in the session.
Garcia alleged that even if the order was not in the agenda for the March 24 session, Sitoy, as the majority floor leader, “surreptitiously smuggled†it into the proceedings.
Sitoy said other matters for inclusion in the calendar of business are allowed except ordinances. “It’s no big deal, it’s not an ordinance. Besides, it’s not a penalty but a preventive suspension,†Sitoy said.
Sitoy added that allies of Garcia in the PB did not object when he presented the matter for inclusion in the agenda.
Sitoy also clarified the committee was not taking it personal against Garcia when he filed administrative and criminal complaints before the Office of the Ombudsman against him and PB Members Grecilda Sanchez, Raul Alcoseba, Peter John Calderon, Christopher Baricuatro and Miguel Antonio Magpale.
Garcia claimed the committee’s recommendation was a violent reaction to his filing of administrative and criminal complaints. Sitoy said all the more they should participate in the further proceedings in the case to prove the unfair accusations wrong.
Today, Garcia is set to file another graft charges against the committee members for allegedly lying in the resolution. Paragraph 2 of Resolution No. 600-2014 states that the committee “has conducted a thorough inquiry and examination†of the case, “perusing documents, sending notices and calling upon the parties to shed light on the controversy.â€
Garcia said the committee did not hold a preliminary hearing of the complaint. — (FREEMAN)