Garcia asks PB to dismiss Gica's complaint

CEBU, Philippines - Dumanjug Mayor Nelson Garcia has asked the Provincial Board to dismiss the administrative complaint filed by Vice Mayor Efren Guntrano Gica over the controversial appointment of a secretary to the Sangguniang Bayan (SB).

Garcia said the complaint states no cause of action, forum shopping for filing the same at the Office of the Ombudsman, and that the Civil Service Commission had already invalidated the appointment of SB secretary by Gica.

Gica had accused Garcia of committing grave abuse of authority for usurping the appointing power of the vice mayor, obstructing the due exercise by the vice mayor of the power to appoint all officials and employees of the SB, and hampering the performance by the duly appointed SB secretary.

Garcia cited Article 80 of the Local Government Code, which provides that the local chief executive has the power and discretion to decide when or whether or not to fill up a vacant career position such that of an SB secretary.

"So, while the Vice Mayor of a municipality has the authority to appoint a person to fill a vacant career position of SB secretary, that authority can be exercises only after and not before the chief executive or the mayor has decided to fill up the vacancy," explained Garcia.

The mayor has designated Emmylou Cabonilas to take over, in acting capacity, the post that was left by Victor Tan Jr. who resigned last June 26, 2013 while Gica also appointed Nerio Aquino to the same position on September 5, 2013.

However, Gica said Aquino was not able to fully discharge his functions as SB secretary since Cabonilas allegedly refused to turn-over the key, also reportedly upon the instructions of Garcia.

The CSC 7, in its letter dated November 5, 2013 to Gica, invalidated the appointment of Aquino.

Before the PB has started its formal investigation, Garcia said the Office of the Ombudsman had already called for an initial conference on the same complaint.

"Since the Office of the Ombudsman Visayas, has already taken cognizance of the case, why don't we just wait for its final disposition?" Garcia asked the PB.

Garcia also asked the PB to admonish Gica to be more careful and seek more competent advice next time before he files a complaint against any public officials.

He added that pursuing the investigation would waste the precious time, energy and money of the provincial government.

Garcia has yet to receive order to reply the second complaint related to the same issue filed by Gica last week. —/JMO (FREEMAN)