Ombudsman asks CA to deny Gwen’s petition

CEBU, Philippines - Saying their office did not err in holding former governor and now congresswoman Gwendolyn Garcia and five former employees of the Capitol guilty of grave misconduct, the Office of the Ombudsman asked the appellate court to deny her petition for TRO and injunction.

Through its Office of the Legal Affairs, the Ombudsman said, "the petitioner has no clear legal right for the relief sought."

Earlier, Garcia through her counsels filed a petition for certiorari with prayer for a temporary restraining order and writ of preliminary injunction before the appellate court to stop the Office of the Special Prosecutor from further persecuting her.

"The Ombudsman acted with capriciousness and arbitrariness in holding and publicly announcing that Governor Garcia is administratively liable for grave misconduct despite having exonerated by her reelection as governor of Cebu in 2010," read the petition in relation to the alleged anomalous 2008 purchase of the Balili Property in Tinaan, Naga City.

In its comment, the Ombudsman said that the decision issued in January became final and executory and cannot be assailed by a petition for certiorari.

Also, the Ombudsman said that although they held Garcia administratively liable for grave misconduct but there was no penalty imposed upon her because of the Aguinaldo Doctrine and her reelection in 2008.

Thus, the Office of the Ombudsman sought the denial of Garcia's petition.

"At the outset, it must be emphasized that no penalty was imposed on petitioner. No action will be forthcoming from this office or even from any of the agencies that receive the questioned joint decision as to Garcia," the comment read.

Aside from Garcia, other respondents found guilty of grave misconduct were former Provincial Board member Juan Bolo, Anthony Sususco, Roy Salubre and Eulogio Pelayre of the Provincial Appraisal Committee and Emme Gingoyon as Provincial Budget Officer. — (FREEMAN)