Gwen cleared of admin charges in Balili case

CEBU, Philippines - The Court of Appeals has cleared former governor Gwendolyn Garcia of grave misconduct charges in relation to the purchase of the controversial Balili property in 2008.

In his decision, Associate Justice Gabriel Ingles said Garcia’s re-election to public office saved her from administrative liability under the Aguinaldo Doctrine.

Garcia was elected as representative of Cebu’s third district in the 2013 polls.

“Settled well in our jurisdiction is the rule that any misconduct/misdeed allegedly committed by any elective official during his/her previous term is condoned after he/she is re-elected in the next immediate elections,” Ingles said.

The decision, in effect, gran-ted Garcia’s petition for the appellate court to set aside the decision of the Office of the Ombudsman, which found her guilty administratively.

“The uncontroverted fact is that the administrative cases for grave misconduct against herein petitioner was still pending or has not yet been decided after her re-election, yet surprisingly, pubic respondent (Ombudsman) did not, as it should have, dismiss these administrative cases,” Ingles said.

“Doubtless, public respondent acted whimsically, capriciously, and arbitrarily amounting to lack of jurisdiction when it still proceeded to adjudicate the administrative cases against petitioner after her re-election in utter disregard of the settled ru-ling in Pascual, Lizares, Aguinaldo, et.al,” Ingles’ decision reads further.

Garcia along with other provincial government employees figured in the controversy after Capitol purchased the Balili property in Naga City with a total area of 249,246 square meters, which was later found to be submerged in water.

On January 9, 2013, the Ombudsman found Garcia, Juan Bolo, Anthony Sususco, Roy Salubre, Eulogio Pelayre and Emme Gingoyon guilty of grave misconduct.

Two years before that, Garcia questioned the complaint filed by Manuel T. Manuel and Crisologo Saavedra for being “procedurally flawed for failure to attach their affidavits.”

In a statement, Garcia’s daughter and legal counsel Christina Garcia-Frasco said the family is glad of the court’s decision.

“We are very happy that the Court of Appeals has issued a favorable resolution stating that the Ombudsman acted with grave abuse of discretion in not dismissing the administrative cases against Congresswoman Gwen Garcia concerning the Balili Properties. The cases involving the Balili properties were already moot and academic in view of Congressman Garcia’s re-election as governor in 2010 where the people of Cebu affirmed their faith in the former governor and gave her a fresh mandate. We welcome the decision of the Court of Appeals which declared whimsical, capricious and arbitrary the decision of the Ombudsman,” she said.

Ingles’ decision was concurred to by Associate Justices Ma. Luisa Quijano-Padilla and Marie Christine Azcarraga-Jacob. — with Garry B. Lao/JMO (FREEMAN)