Mayor Garcia to sue Davide

CEBU, Philippines - Dumanjug Mayor Nelson Gamaliel Garcia who is now placed under preventive suspension is determined to file charges against Cebu Governor Hilario Davide III if the latter refuses to lift the order preventively suspending him for 60 days.

“Kung ipadayon niya, he will be facing grave abuse authority ang violations of anti-graft and corrupt practices (act) for giving undue advantage to another person causing injury to other, to me,” Garcia said.

Davide issued the 60-day preventive suspension order against Garcia over the alleged abuse of authority and misconduct in office filed by Dumanjug Vice Mayor Efren Guntrano Gica for allegedly encroaching on the power of the Vice Mayor to appoint a Sangguniang Bayan Secretary.

Garcia earlier filed a motion for reconsideration on the order before the governor’s office, citing that its issuance was ‘prematurely’ and ‘improperly’ done which violated the province’s Ordinance No. 2009-06 or the “Rules and Procedures Governing Investigation of Administrative Cases Against Elective Municipal Officials of the Province of Cebu.”

He added that the Motion for Reconsideration that he filed would serve as an “opportunity” for the governor to “correct the mistakes”.

Davide has yet to come up with a decision over the MR.

“Opportunity na unta niya (Davide) nga makalingkawas siya sa mga liabilities. Kung ipadayon niya ang (order), that will cost him trouble in the future. Dako kog respeto niya mao bitaw mi-file ko og MR. Chance na ni niya nga ma-correct niya ang sayop,” Garcia stressed.

He cited a part of the ordinance which explains that the complaint should have been set for formal investigation only after a preliminary conference, which was never scheduled.The Committee on Complaints and Investigation scheduled a preliminary conference on February 14 this year.

But in a report by Provincial Board Member Arleigh Sitoy, chairman of the investigating committee, no formal investigation could be scheduled because of Garcia’s “insistence” for the PB to rule on his Motion to Dismiss.

The preliminary conference was then scheduled for April 30. However, Garcia filed on April 25 a motion for postponement since his lawyer, Pablo John Garcia, could not make it on the scheduled day.

“Karon (Wednesday) man unta akong schedule sa Preliminary conference which is long overdue kay nag-una pa akong preventive suspension. Pero wa man akong lawyer, milarga man,” Garcia explained.

Gica also filed an opposition to Garcia’s motion for postponement, but the investigating committee granted the latter’s motion.

The preliminary conference has been moved to May 7.

“We filed an opposition kay we want to speed up the trial ang among complaint. I’m sure the public wants to know unsa gyod ang tinuod ani,” Gica said.

On the supposed hearing on Wednesday, both parties met at the Legislative Building at the Capitol but Gica said no conversation was made between him and Garcia.

“We never had a conversation with Mayor Nelson. I said ‘hi’, he did not say ‘hi’. I said ‘hello’ he did not said ‘hello’.”  (FREEMAN)