Sandiganbayan rules: Gwen’s case continues

Balili lot purchase

CEBU, Philippines — The Sandiganbayan Second Division has denied the motion for reconsideration Representative Gwendolyn Garcia has filed that sought the dismissal of her anti-graft case over the controversial purchase of the Balili property in Naga, Cebu.

Associate Justice Lorifel Pahimna, in denying the motion for want of merit, cited that Garcia’s arguments were mere repetition of her motion to dismiss.

“Applying the foregoing and without being too repetitious, this court finds that there is clearly no violation of movant’s constitutional right to speedy disposition of her cases as the time it took the Ombudsman to complete the investigation and the time the plaintiff has prosecuted the instant cases before this court can hardly be considered an unreasonable and arbitrary delay,” read the resolution dated January 22, 2019.

This means that Garcia’s graft case continues.

“There is nothing in the records to show that said period was characterized by delay which was vexatious, capricious or oppressive,” the Sandiganbayan added.

Garcia, who is running for Cebu governor in the 2019 elections, earlier filed a motion for reconsideration after her motion to dismiss was denied.

She claimed her right to a speedy disposition of cases, as guaranteed under the Constitution, was violated.

Garcia and others are facing violations of Section 3(e) and 3(g) of Republic Act 3019 or the Anti-graft and Corrupt Practices Act, as amended; and violation of Article 220 (illegal use of public funds or property) of the Revised Penal Code.

Other named accused in the case include Juan Bolo, Emme Gingoyon, Anthony Sususco, Roy Salubre, and Eulogio Pelayre.

In its resolution, the Sandiganbayan, after a careful study of the evidence at hand, ruled that they are not convinced with Garcia’s arguments.

“At the onset, the allegations made by movant in support of its motion for reconsideration are mere lengthy reiterations of the arguments she interposed in her previous motions which have already been passed upon, discussed and judiciously resolved in the assailed resolution,” read the resolution.

The Sandiganbayan added there was nothing in the motion for reconsideration that would warrant a reversal of their earlier ruling.

In 2008, The Cebu Provincial Government, which was then headed by Garcia, purchased the Balili property with 249,246 square meters consisting of 11 parcels of land situated in Tinaan, Naga City for P98,926,800.

However, it was found out that 196,696 square meters of the property were underwater and part of a mangrove area. (FREEMAN)