CEBU, Philippines - Dumanjug Mayor Nelson Gamaliel Garcia is asking the Cebu Provincial Board if it is still “interested” to proceed with the hearing of the administrative cases he filed against his vice mayor “after an excessive and most inexplicable delay amounting to a virtual denial of justice.”
Garcia filed on Wednesday an omnibus motion for information and guidance on his five administrative complaints against Vice Mayor Efren Guntrano Gica that were allegedly not acted upon by the board.
“Whether or not the complainant can expect from the body the cold neutrality of an impartial tribunal,” Garcia stated in his motion.
He pointed out in the motion his five pending complaints, the first one being filed on January 15 last year against Gica for alleged grave abuse of authority and serious misconduct.
Garcia filed this administrative complaint as countercharge to the complaints of Gica, who had filed abuse of authority against the former for allegedly encroaching on the power of vice mayor to appoint a Sangguniang Bayan secretary.
But Garcia contended when he filed his complaints that it was Gica who usurped because he can only exercise his appointing authority to fill a vacant career position such that of SB secretary only after the local chief executive has decided to fill up the vacancy.
Other complaints of Garcia against Gica were alleged malversation of public property filed March 21 the same year; falsification of public documents (May 29, 2014); dishonesty and misconduct in office and commission of a crime involving moral turpitude (July 21, 2014); and another offense involving moral turpitude and grave abuse of authority (August 27, 2014), this time, along with Gica’s brother Municipal Councilor Erwin Gica.
Garcia lamented that since the filing of these complaints, “no action was taken by the Honorable Sangguniang Panlalawigan.”
“What is most unfortunate and lamentable is the fact that this Honorable Sangguniang Panlalawigan, where the majority of its members are of the same party affiliation as that of respondent Vice Mayor Gica, acted with indecent haste on the complaint of Vice Mayor Gica against Mayor Garcia,” part of his motion read, referring to the abuse of authority case filed by Gica against him.
The PB investigating committee will be submitting two decisions, one of which is on Gica versus Garcia case, on Monday to the body for further deliberation and approval.
Garcia earlier disclosed that he wanted to withdraw all his complaints filed before the PB because of the delays and “unfair judgment,” and allegedly as suggested by a member of the majority of the legislative body.
Sought for comment, Vice Governor Agnes Magpale refuted the allegation of Garcia that the investigating committee is not looking into his complaints.
She denied Garcia’s allegation that Gica was not required to file answers to the complaints. She then showed to the media the documents and letters that proved that the body wrote to Gica asking for his answers to the complaints with the time frame for him to comply with the requirement.
Magpale, however, admitted the delays which she attributed to the failure of the members of the investigating committee to establish a quorum during the proceedings.
“There are 22 cases naa ron sa committee on complaints (and investigation). Di ra baya kini ang trabaho sa PB members, sometimes di magka-quorum. Kinahanglan pod baya sila moadto sa ilang districts. But we are doing our best. We are following due process,” she told reporters. (FREEMAN)