Cabiao mayor suspended for 90 days

PALAYAN CITY, Philippines – The 14-man Sangguniang Panlalawigan slapped here yesterday a 90-day preventive suspension on the mayor of Cabiao, Nueva Ecija in connection with the grave misconduct charges filed against her by municipal councilors of that town.

In Resolution 131-S-2009, the SP, led by Vice Gov. Edward Thomas Joson found Cabiao Mayor Abundia Garcia guilty of grave misconduct in office and suspended her for three months without pay. The SP also admonished her to be “more circumspect in the performance of her official function” and warned her that commission of similar acts in the future “shall be dealt with more severely by this Board.”

Joson said a copy of the suspension order has been forwarded to Department of the Interior and Local Government provincial director Abraham Pascua for implementation.

Garcia’s suspension came after the SP recommended her 60-day preventive suspension to Gov. Aurelio Umali and after Garcia filed a separate case before the Office of the President against Joson and eight provincial board members. In deciding to suspend Garcia, the SP adopted the report of the committee on rules and privileges which earlier found Garcia guilty of grave misconduct. It added that only substantial evidence is required to support a case in administrative proceedings and that the “evidences” presented by the complainants “clearly established the case against the respondents.”

The case against Garcia stemmed from an administrative complaint for grave misconduct filed by Vice Mayor Marcelino Simbillo and seven town councilors who accused the mayor of storming the session hall of the Sangguniang Bayan on Oct. 6 and cursing them for inquiring over the financial transactions of the municipal government. Garcia has vehemently denied cursing the complainants, saying this was based on hearsay since they were not around when the supposed utterances were made. She said that the alleged utterances, assuming these were true, will not affect the legislative functions of the members of the Sangguniang Bayan.

In its seven-page ruling, the SP said the presence of complainants on the place where the invectives were hurled against them is not required to warrant a case for grave misconduct. It noted that the complainants presented seven witnesses who categorically stated they were present and heard the utterances. “The testimonies of the witnesses presented by the complainants are straightforward and based on their personal knowledge,” it added, adding the Board is giving them credit because “they are not expected to bravely appear and testify against the highest ranking official of the municipality if the same are merely concocted lies..”

In suspending and admonishing Garcia, the SP cited Section 4 of the Code of Conduct and Ethical Standards for Public Officials and Employees which provides for standards of personal conduct in the discharge of official functions of public officials.