Ombudsman restores Gica as Dumanjug town mayor

CEBU, Philippines - The Office of the Ombudsman-Visayas has restored Dumanjug Mayor Efren Gica to his position, setting aside an earlier decision that dismissed him from service for dishonesty and grave misconduct.

Graft investigation and prosecution officer Portia Pacquiao granted Gica’s motion for reconsideration and supplemental motion after he claimed that he was not given due process.

Gica claimed to have not been given the opportunity to answer the complaint filed by his political opponent, former mayor Nelson Garcia.

According to Gica, the subpoena from the anti-graft office requiring him to submit counter-affidavit was coursed through the police station.

He said it was not served to him and the Office of the Ombudsman-Visayas ruled on the matter based on the complaint alone.

Finding merit to Gica’s arguments, the anti-graft body ruled to set aside its earlier findings and continue with the investigation.

Gica was directed to submit his counter-affidavit within 10 days from receipt of the order. Garcia was likewise given the same period to submit a reply to the counter affidavit.

“Wherefore, the resolution and decision, both dated October 18, 2016, are vacated. The parties are hereby restored to their status before the issuance of said resolution and decision,” the Ombudsman order reads.

 Gica thanked the anti-graft body for owning up to its mistake, saying he was dismissed from service without getting the chance to answer the complaint.

“Nalipay ta kay nakit-an nila ilang kasaypanan. Apan nasayod ta nga dili perpekto ang tawo sama sa Ombudsman ug mga investigators niini,” he said.

 Gica, however, did not hide his disappointment with the Ombudsman following its partial decision last month, which resulted to his dismissal from service for nearly one month.

 “Its earlier decision was only based from the complaint of Garcia. Life is unfair, but I believe things will not always go in our favor. Despite what happened, I’m a follower of law and I respect the law,” he said. He said he will automatically report to office today.

 The Department of Interior and Local Government served Gica’s dismissal on February 15.

 As a protocol, he said he will write the municipal council to inform the body of the decision of the Ombudsman.

Garcia questioned the Ombudsman’s order, saying someone connected with the anti-graft body is manipulating the case.

“It’s a glaring corruption. Gisuka na tapos karon kan-on nila balik ang ilang gisuka. Ombudsman should now prove that there’s no corruption inside,” he said.

 “Klaro kaayo nga there’s something wrong. It’s a very surprising decision. Of all people ngano tagaan og kahigayonan si Gica nga mo-file og affidavit nga in the first place gi-waive niya iyang right after he failed to file his counter affidavit,” he explained.

 Garcia said Gica’s argument of not receiving any summons from Ombudsman to file his counter affidavit was just a “ploy and delaying tactic.”

The former mayor claimed that an order was sent to Gica’s office and was received by his secretary.

“Dili tinuod nga wa siya kadawat. Nadawat sa iyang secretary. Kun mao diay na di nalang ta motubag para maoy irason sa Ombudsman,” he said.

 Garcia said he is still hopeful that the truth will prevail and Gica will be punished for the crime he committed.

 Garcia accused Gica of allegedly falsifying his liquadation report by altering the amount spent during a dinner of barangay officials attending a seminar in Cebu City. Garcia said the receipt was altered to bloat the amount to P28,565 from P11,435. (FREEMAN)