Ombuds drops case versus Garcia, et al

CEBU, Philippines - In order not to issue findings that might conflict with those of other investigating bodies, the Office of the Ombudsman-Visayas has decided to dismiss the complaint filed against Dumanjug Mayor Nelson Garcia and three others for alleged violation of the Anti-graft and Corrupt Practices Act.

In a resolution, graft investigation and prosecution officer Luanne Ivy Cabatingan said the case involves legal questions that the Ombudsman has no jurisdiction to resolve.

“To also proceed with the present case would involve making a determination on legal questions which this office has no jurisdiction or authority to resolve. Accordingly, not until there is a proper and final determination of such preliminary or related matters or issues before the proper bodies will there be basis for this office to pursue the present case,” she said.

One of these questions is whether or not the appointment of Nerio Aquino as secretary of the Dumanjug Municipal Council was valid or not – an issue from which the filing of the case against the town officials stemmed.

The Civil Service Commission has invalidated Aquino’s appointment on November 5, 2013 but Aquino has sought reconsideration of the decision. The CSC decision then has not become final.

The town’s vice mayor, Efren Guntrano Gica, has sued Garcia, acting Sangguniang Bayan (SB) secretary Emmylou Cabonilas, acting human resource management officer Rodulfo Fernandez, Jr., and officer-in-charge municipal social welfare and development officer  Luzviminda Melegrito over the alleged questionable appointment of Cabonilas as acting SB Secretary.

Gica said that after former SB secretary Victor Tan Jr. resigned from the post on June 26, 2013, Garcia issued Office Memorandum Order No. 21 designating Cabonilas as acting SB secretary.

Gica then sought guidance from CSC on the appointment process and subsequently convened the Personnel Selection Board. He said he sent notices to Fernandez and Melegrito about the meeting but both allegedly refused to participate in screening the applicants for the SB secretary post.

“While both respondents appeared at said meeting, both refused to participate in the screening and deliberation of the applicants for the SB Secretary position, purportedly upon instructions of respondent Garcia,” Gica said, adding that Fernandez and Melegrito ignored the notice when he called for another meeting on September 4, 2013.

Gica said that on September 5, 2013, he appointed Aquino as SB secretary and Aquino took his oath and assumed the position on September 10, 2013.

However, Cabonilas allegedly refused to turn the post over to Aquino and, despite promising to turn the office key over, refused to do so.

In his counter-affidavit, Garcia denied the allegations, saying that while the authority to appoint the SB Secretary was vested in the vice-mayor, the power to decide whether or not to fill vacant career positions belongs exclusively to the mayor.

Garcia claimed it was Gica who usurped his power when the latter decided to fill the vacant career position of SB Secretary by appointing Aquino.  He added that he never Gica’s athority, as the latter was not the vice mayor when he designated Cabonilas as acting SB Secretary. (FREEMAN)