Garcia’s bail forfeited, Sandigan: Arrest Gwen

CEBU, Philippines - The Sandiganbayan ordered anew the arrest of suspended Cebu Gov. Gwendolyn Garcia after she failed to appear for arraignment yesterday.

Associate Justice Teresita Diaz-Baldos, chair of the anti-graft court’s Second Division, also ordered the forfeiture of Garcia’s P90,000 bail bond.

Garcia, who is facing graft and malversation of public funds charges for her alleged involvement in a P98.9-million Balili land deal anomaly in 2008, was supposed to be arraigned yesterday.

However, her lawyers led by Tranquil Salvador said the suspended governor had to attend a graduation ceremony.

Defense counsels tried to move for a deferment, arguing that they received a copy of the Sandiganbayan’s denial of their formal request only last Tuesday and had filed a motion for reconsideration on Wednesday.

Ombudsman prosecutors however objected and moved for the issuance of arrest orders against Garcia despite appeals from Salvador.

Salvador even tried to push for some consideration by reading a letter from Garcia explaining her absence but the Sandiganbayan turned it down.

“She should have been here to honor the scheduled arraignment,” Baldos told Salvador.

In her letter, Garcia assured the anti-graft court that she would be present for the arraignment today.

Rehashed arguments

Baldos said the motion for reconsideration of the anti-graft court’s decision in denying a motion for deferment had nothing but rehashed arguments.

Baldos told defense lawyers that if Garcia wants to assert the principle of judicial courtesy since she has filed a petition for certiorari before the Supreme Court, she should show the same courtesy by attending her scheduled arraignment.

Baldos remarked how Garcia’s absence actually proved effective in postponing the arraignment. She said she needs to apply the rules “fair and square.”

“There are certain rules you have to abide with,” she said.

The arraignment of the three other respondents to the case proceeded with Cebu provincial budget officer Emme Gingoyon refusing to enter a plea due to her plans to file a petition for certiorari before the Supreme Court.

Private respondents Romeo Balili and Amparo Balili, the owners of the questioned property that was bought by the provincial government for P99.6 million of which P98.9 million had already been paid, entered not guilty pleas.

Before the proceedings ended, Salvador told the Sandiganbayan magistrates that they called up Garcia by phone and were told that their client is willing to appear before the anti-graft court today.

Salvador clarified to reporters that there is only an order to issue an arrest warrant but no warrant has been issued yet.

“There’s an order but it doesn’t mean that it is to be implemented because for that to be implemented, there should be a warrant coming from this office. And considering that she will fly in tomorrow, I don’t think there is any reason for that to even happen,” he explained.

Salvador also appealed to the media for understanding, saying the suspended governor is in a very difficult situation with “some people” wanting things to happen.

“But I think she understands that she is in a fight, this is a legal battle, and just like any legal battle you will have to be faced with struggles, the ups and downs of a fight. We’ll just have to face it until tomorrow or until the coming days,” he said.

Reacting to the Sandiganbayan’s decision to order an issuance of arrest warrants, Salvador said “they just had to do what they had to do.”

Explaining again Garcia’s failure to attend the arraignment, Salvador said the suspended governor was guest speaker in a graduation ceremony and scheduled to grace the blessing of the congressional headquarters of a municipality.

“If she appears tomorrow (today), wala na yun (there is no need for the warrant of arrest). This is why we are not really worried. It’s just that she has duties to perform as a governor,” he said.

Counsel and spokesperson Christina Garcia-Frasco said her mother respects the Sandiganbayan’s decision and will appear in court today.

“Nevertheless, in light of the court’s order, governor Garcia has committed to present herself tomorrow (today) because she is sincere in participating in the legal process in the hopes we could obtain justice,” she said.

But Frasco clarified that the warrant does not mean an actual arrest would be done.

“The court has issued an order to issue a warrant but NO WARRANT OF ARREST HAS BEEN ISSUED yet. There is a difference. Without an actual warrant of arrest, it is inaccurate to say that she has been ordered arrested,” she said in a text message to The FREEMAN. 

Garcia’s criminal cases filed by the Office of the Ombudsman stems from the provincial government’s purchase of the Balili property five years ago after it was found that a big portion of the estate is submerged in seawater and thus not suitable for a planned housing project in Tinaan, Naga City.

Earlier, the Sandiganbayan had granted Garcia’s request to defer her arraignment scheduled for March 12.  — Philippine Star News Service with AJ de la Torre/LPM