Garcia's lawyer asks DILG to dismiss usurpation raps

CEBU, Philippines - The first day of the three-day marathon hearing scheduled by the Department of the Interior and Local Government on the complaint filed by the late vice governor Gregorio Sanchez, Jr. against Cebu Governor Gwendolyn Garcia was spent debating whether or not Sanchez’s daughter Grecilda Zaballero can assume the place of her father as complainant.

Garcia’s daughter and lead counsel Maria Cristina Esperanza Garcia Codilla-Frasco questioned Zaballero’s legal personality to act as complainant. According to Frasco, the legislative authority of the late vice governor cannot be inherited by his heirs, thus, moving to dismiss the complaint.

However, Lawyer Oliveros Kintanar, Sanchez’s counsel, said Zaballero was designated by the DILG to assume her father’s place as complainant.

Kintanar showed a letter dated May 23, 2011 signed by DILG Legal Service Director III Jesus Doque IV asking Zaballero to be ready with her documentary evidence and prepare sworn statements of witnesses which shall constitute as their direct testimonies against Garcia.

“What evidence can be stronger than this?,” Kintanar asked Frasco.

Kintanar also mentioned the Department of Justice and the Office of the President where the letter allegedly came from.

But Frasco pointed out that what was shown by Kintanar was just a mere telegram from the DILG informing Zaballero of the conduct of preliminary conference and formal investigation of the complaint filed by Sanchez.

Frasco asked the DILG hearing officer to resolve where the communication really came from.

DILG hearing officer Ranny Spencer-Palisok asked Frasco to put her manifestation into writing.

Frasco said she will file the formal manifestation as well as the motion to dismiss on the ground that there is no more complainant against her mother will be file before noon today.

Palisok offered both parties an amicable settlement but Frasco declined saying there is nothing to settle because there is no complainant.

“How can this proceed without complainant?” Frasco told reporters.

Zaballero said Garcia’s invoking some technicalities shows that they are not prepared to answer the case.

Zaballero said she should be the right person to pursue the case because Vice Governor Agnes Magpale already expressed her disinterest in the case.

She said the hearing should also continue to find out if there was really abuse of authority committed by Garcia and other Capitol officials.

Sanchez earlier filed the complaint for “acts of usurpations” against Garcia and other Capitol officials after he was no longer allowed to appoint his consultants and employees. (FREEMAN)