Ombudsman denies Gwen’s motion for reconsideration

CEBU, Philippines — The Office of the Ombudsman denied the motion for reconsideration that Deputy Speaker Gwendolyn Garcia filed after she was ordered dismissed from service last February.

“The Ombudsman stands by its ruling that respondent needed an authorization from the SP (Sangguniang Panlalawigan) prior to entering into contract with ABF Construction,” stated in the 11-page Ombudsman decision.

The decision was approved by Ombudsman Conchita Carpio Morales dated July 18, 2018.

In February of this year, the anti-graft office ordered Garcia’s dismissal from service after finding her guilty of grave misconduct and gross neglect of duty for entering into a contract with ABF Construction for the development of the Balili property without the authority of the provincial board during her term as governor of Cebu.

The case was filed by Governor Hilario Davide III, Vice Governor Agnes Magpale and the late board member Arleigh Sitoy.

A day after the dismissal order was released, Garcia filed her MR and provided five arguments, one of which is that her previous case has no merit considering that she was elected to a public office.  But the Office of the Ombudsman argued that Garcia cannot evoke the condonation doctrine.

“The body that elected her as Representative is not the same as those who voted her previously as Cebu Governor,” the decision stated.

Garcia’s second argument stated that the Ombudsman has no residual administrative disciplinary authority over the members of Congress.

This was rebutted by the anti-graft office stating that Garcia was still governor of Cebu when the instant complaint was docketed in June 2013 and that the office took cognizance of the case against her.

“It is well settled that jurisdiction once acquired is never lost, it continues until the case is terminated. Thus, this Office cannot be ousted from jurisdiction simply because respondent became Member of Congress while the case was still pending,” the document stated.  Yesterday, Garcia told reporters that she plans to elevate her case to the Court of Appeals (CA). (FREEMAN)