CEBU, Philippines – The prosecutor in the administrative case filed against Cebu City Medical Center credit officer Lourdes Archua believes that the latter's camp is using dilatory tactic by filing separate motions either to suspend or reset the hearings.
Lawyer Marie Velle Abella said there is no reason for the Special Administrative Investigation Committee to halt the probe, considering that the court has not issued any order to restrain the conduct of the investigation.
Archua's lawyer, Gloria Dalawampu, earlier asked SAIC to suspend the proceedings until the court renders its ruling on Archua's petition for injunction against Mayor Michael Rama and SAIC itself.
SAIC denied the motion, but Dalawampu filed a motion for reconsideration and resetting of the SAIC hearing, but SAIC also denied the motions on September 15.
"Means to delay proceedings cannot be condoned considering that under Civil Service Rules, formal investigation should be conducted," Abella said.
SAIC Chairman Atty. Carlo Vincent Gimena said that aside from the fact that the court had denied Archua's petition for a temporary restraining order, the committee believes that there is no valid reason to reset the hearings because the schedule has been agreed by all parties in the investigation.
Gimena said Dalawampu's excuse that it would be impossible for her to attend the hearings could not be a basis to postpone the schedule because she could always de-ploy another lawyer from her law office.
"Just like what they did before, they sent another lawyer to represent Archua," Gimena said.
Because of the delay, Abella moved to terminate the trial-type hearing and for the committee to just require the parties to file position papers, something that the com-mittee might just agree to.
"Anyway, in administrative proceedings, trial type hearing is not necessary. What's important is both parties will be heard and that can be done by submitting their po-sition papers with attached supporting evidence," Gimena said.
It was Archua who requested the trial-type hearing. (FREEMAN)