Governor Gwendolyn Garcia and Capitol security consultant Byron Garcia were cleared of contempt charges filed by a political detainee who accused them of not allowing him to campaign during the last elections.
Political detainee Jigger Geverola, who ran for the Argao municipal council but lost, filed the case against the Garcias and Cebu Provincial Detention and Rehabilitation warden Alito Gabuya before the Toledo City Regional Trial Court.
The decision was handed down by Regional Trial Court Judge Gaudioso Villarin.
Villarin had allowed Geverola to go out of his cell to campaign for his candidacy and vote in the May 14 elections. He also allowed security details for Geverola during his campaign sorties.
But Byron and the jail management did not allow Geverola to be out of jail to campaign because of lack of personnel for his security. This prompted Geverola to file contempt charges against the Garcias and the jail management, contending that they failed to follow the order of the court.
But in his decision, Villarin said “the Court failed to notice that Byron Garcia, jail warden Alito Gabuya and Gov. Gwen Garcia was ordered by the Court to do or act regarding the desire of the accused Jigger Geverola in his constitutional rights to vote.”
Villarin added that the Garcias were not included in his order. He also took notice that Geverola is detained at the military’s Central Command in Camp Lapu-Lapu upon the order of the Regional Trial Court Branch 25 in Danao City where he is also facing another case.
The judge pointed out that Gabuya cannot comply with the order of the court considering that Geverola was detained in Camp Lapu-Lapu where he has a pending case.
Villarin said the Garcias and Gabuya “were not opposing or acting in opposition to the order of the Court.”
Geverola has been already jailed for three years from rebellion charges before the Danao City court, and from an arson case before the Toledo City court.
Geverola has been insisting that he is not a rebel although he admitted having connection with the National Democratic Front.
He was first imprisoned at the CPDRC but was later moved to the Central Command’s detention cell. — Garry B. Lao/LPM