Garcia’s suspension stands

CEBU, Philippines - The Cebu Provincial Board stood firm on its earlier recommendation to place Dumanjug Mayor Nelson Gamaliel Garcia under 60 days preventive suspension because of the administrative complaint for abuse of authority filed by his vice mayor.

The board yesterday dismissed for lack of merit Garcia’s motion for reconsideration as well as the petition seeking the board’s inhibition from handling the case.

PB Members Arleigh Jay Sitoy and Grecilda Sanchez jointly moved for the dismissal of Garcia’s motions which was approved by the majority of the members of the board.

Aside from Sitoy and Sanchez, the other members who voted to sustain the earlier recommendation were Raul Alcoseba, Jude Thaddeus Sybico, Miguel Antonio Magpale, Thadeo Ouano, and Celestino Martinez III.

Of the four allies of Garcia in the board, only Julian Daan voted against the resolution while the others, Board Members Sun Shimura, Joven Mondigo Jr., and Alex Binghay, abstained.

Binghay, however, tried to haggle for a lesser period but Vice Governor Agnes Magpale said it would be up to the governor to decide. Binghay wanted to reduce the recommendation to 30 days instead of 60 days preventive suspension.

Following the denial of his motions, Garcia said he will bring the matter before the court.

He argued that the PB resolution is premature, precipitate, and violative not only of the laws but, also of its own rules and procedures on complaints and investigation. 

Garcia said preventive suspension is a judgment call of the governor and may be imposed only after the commencement of the formal investigation of the administrative case.

The PB has requested Governor Hilario Davide III to issue an order preventively suspending Garcia.

 In a press conference, Davide said he will “act accordingly” with regards to the decision.

“I will act accordingly according to my best lights… according to my appreciation of the issues,” he said.

Asked how soon he would implement the board’s decision, Davide sarcastically replied, “bisag left away pa.”

Meanwhile, Sitoy said Garcia should not make a big deal out of it as the resolution was just a mere preventive suspension and not a penalty.

 â€œMy position is, it’s not a penalty. It’s not the end of the game, it’s just a preventive suspension. It’s no big deal. It’s up to the governor to come up with pertinent action. Nag-MR man sila then we will act on it fast so we can continue on our investigation,” Sitoy said.

Sitoy said his committee will not inhibit but rather would continue investigating the complaint filed by Dumanjug Vice Mayor Efren Guntrano Gica.

“Nganung mo-inhibit man mi. First, gi-file-an case sa Ombudsman. How can we prove nga di na tinuod ang gisulti kung di mi mo investigate? We have no intention to inhibit ourselves,” he said.

The case stemmed from Garcia’s appointment of Emmilou Cabonilas as acting legislative secretary. Garcia, however, said Cabonilas was just designated to act as council secretary.

The power to appoint employees in the legislative department allegedly belongs to the vice mayor.  (FREEMAN)