Garcia asserts authority, asks court to dismiss mandamus

CEBU, Philippines - Cebu Governor Gwendolyn Garcia has asked for the dismissal of the mandamus case that Vice Governor Gregorio Sanchez, Jr. has filed against her claiming it lacks factual and legal basis.

In answer to Sanchez’ petition for mandamus, Garcia claimed that the power to appoint consultants belongs to her as the chief executive of the province.

Garcia cited the Local Government Code of 1991 that enumerates the powers, duties and functions of the Governor. Garcia admitted that Sanchez do have the power to appoint but this is only limited to officials and employees of the Sangguniang Panlalawigan.

The Governor explained that consultants are neither officials nor employees of the SP, thus, Sanchez has no right to make their appointment or sign their consultancy contracts.

Sanchez earlier filed a petition for mandamus against Garcia, provincial attorney Marino Martinquilla, provincial administrator Eduardo Habin and provincial treasurer Roy Salubre after the contracts of his nine consultants were not renewed.

A letter dated January 4 was sent to Sanchez informing him of the termination of the contracts of his consultants. Sanchez described the Governor’s move as an encroachment to his power.

He claimed that Garcia’s non renewal of the contracts of Leo Atap, consultant on data programming and software and development; Edgar Godinez, consultant on trade, investment and promotions; Sophela Ignacio, consultant on livelihood and administration; Manuel T. Mauel, organic farming; Edgar Sibonga, consultant on infrastructure; and Oliveros Kintanar, consultant on legal matters is illegal.

But, Garcia said the petition should be dismissed for lack of factual and legal basis. She said there is no truth to the accusation that she has crossed the limits of her powers because it was not Sanchez’ duty to appoint consultants.

Garcia also clarified that she did not send the letter to Sanchez informing him of the termination of the contracts of his consultants. According to Garcia, it was Habin who did it. (THE FREEMAN)