Padlocking of Gwen’s office; Ombuds tells Magpale, Garbo to answer suit

CEBU, Philippines - The Office of the Ombudsman has ordered Vice Governor Agnes Magpale; former Police Regional Office 7 Director Marcelo Garbo Jr. and six others to file their counter affidavits to the complaints filed by two of former governor Gwendolyn Garcia’s staff.

Director Mary Antonette Yalao of the Preliminary Investigation, Administrative Adjudication and Review Bureau (PARB) of the anti-graft office in Manila issued the joint order dated March 11, 2013.

Other respondents are Garbo’s chief of staff, Senior Supt. Eduardo Carranza; Supt. Leopoldo Cabanag, the commanding officer of the Regional Public Safety Battalion 7; Insp. Alvin Enguito; Magpale’s consultant, lawyer Dara Acusar, former Provincial Administrator Eduardo Habin and Acting Provincial Engineer Hector Jamora.

Gov. Hilario Davide III expressed willingness to extend legal assistance to the Capitol officials involved as respondents of the case.

But Provincial Legal Officer Orvi Ortega said the governor may extend legal assistance but it is not a mandate of their office, which Magpale’s counsel, Magnificus Cañete, agreed.

Ortega said the PLO only represents the Province of Cebu on legal matters but not in cases of officials and employees.

Cañete said that respondents will answer the allegations in their individual capacity.

 Cañete said he will be meeting today some of the respondents like Habin and Acusar.

“I still have to look into the allegations in the complaint,” Cañete said.

For padlocking the Office of the Governor without prior notice, Garcia’s former executive assistant Elizabeth Francia and security assistant Amor Sarmiento filed criminal and administrative complaints against then acting governor Magpale, Garbo and six others before the Office of the Visayas Ombudsman.

They alleged that said the acts of the respondents constitute grave abuse of authority, gross misconduct, conduct unbecoming of a public official, oppression, grave coercion and violation of the Anti-graft and Corrupt Practices Act.

On January 30, 2013, Magpale ordered Habin, Jamora, Valentino Cruz, head of the Civil Security Unit and the chief of Security of the Tactical Security Agency assigned at the Capitol to secure the Office of the Governor.

Francia and Sarmiento said prior to the padlocking, they were not given prior notice.

On the said date, Garcia stepped out of her office where she stayed for over a month since her six months suspension was served.

They alleged that Habin and Acusar, in the presence of the policemen, asked them to leave immediately the Governor’s office upon the order of Magpale and Garbo who is now the chief of the National Capital Region Police Office.

Francia said that Magpale violated her “bounden duty” under the Local Government Code when they have been removed from their proper office.

With the presence of the uniformed policemen and the actuations of the respondents, the complainants added, it was “a clear display of material force enough to cause panic, intimidation and fear” not just them but also their other co-employees.

For his part, Garbo explained they acted the request of Magpale to give security assistance at the Provincial Capitol. —/MBG (FREEMAN)