CEBU, Philippines - Hearing of the grave abuse of authority case filed against Dumanjug Mayor Nelson Gamaliel Garcia, who is currently under a 60-day preventive suspension, will push through today.
This, after the Provincial Board’s committee on complaints and investigation denied on Monday Garcia’s motion to defer the proceeding.
Garcia moved for the postponement of the hearing since members of the investigating committee and Cebu Gov. Hilario Davide III are still facing charges he filed before the court.
Davide issued the preventive suspension order on April 11, 2014 against Garcia upon the recommendation of the PB.
After being served the suspension, Garcia filed a civil case for certiorari, prohibition and injunction with prayer for temporary restraining order against Davide, Dumanjug Vice Mayor Efren Guntrano Gica who is now acting mayor, and members of the investigating committee over his suspension.
Garcia further alleged that Davide and the others committed grave abuse of authority in imposing the suspension.
But Board Member Arleigh Sitoy, chairman of the committee on complaints and investigation, said there was no reason to defer the hearing since they received no TRO from the court.
“Naay motion to defer the hearing kay naay kaso. (But) naay pertinent order nga gi-deny nato ang motion for deferment kay para namo this is immaterial. Wa may (There is no) TRO. So samtang way (while there is no)TRO, we will proceed. We cannot delay the investigation,†Sitoy said.
The committee is composed of Board Members Grecilda Sanchez, Raul Alcoseba, Peter John Calderon, Christopher Baricuatro, and Miguel Antonio Magpale.
To recall, Gica filed an administrative complaint against Garcia before the PB September 2013 for allegedly encroaching on the power of the vice mayor by appointing a Sangguniang Bayan secretary, whom Gica, as SB presiding officer, was supposedly empowered to do.
In previous interviews, Garcia said he only “designated†a municipal secretary, which the mayor can do, and that there was no order yet to fill the vacancy.
Sitoy said the committee is prepared for today’s hearing and has made ready the documents that are necessary for the investigation.
“But, of course, paminawon nato we (will listen) as a matter of giving the other party (Garcia) a due process. Paminawon namo ilang (We would also listen to their) side,†he said.—/RHM (FREEMAN)