MANILA, Philippines - Suspended Cebu Gov. Gwendolyn “Gwen†Garcia is asking the Supreme Court (SC) to stop the Office of the Ombudsman from prosecuting her for graft and malversation of public funds for her alleged involvement in a land deal anomaly in 2008.
Garcia is also asking the Sandiganbayan to postpone her scheduled arraignment on March 12 since she is hoping for the issuance of a temporary restraining order (TRO) by the SC.
In a three-page motion filed before the anti-graft court’s Fifth Division yesterday, Garcia said she filed a petition for certiorari before the SC on Wednesday accusing the Office of the Ombudsman of committing grave abuse of discretion.
Ombudsman Conchita Carpio-Morales ordered the filing of criminal charges against Garcia in July 2012, finding probable cause to indict her over the allegedly anomalous purchase of a 24.7-hectare property worth over P98 million for a housing project in Tinaan, Naga City in 2008.
Garcia appealed the decision but the anti-graft agency junked her motion for reconsideration last month and upheld its earlier decision to file charges of graft and malversation of public funds against her before the Sandiganbayan.
The Sandiganbayan issued arrest orders and after Garcia and her co-accused posted bail, their arraignment was set on March 12.
Because of her petition for certiorari, Garcia said the anti-graft court’s Fifth Division should defer the arraignment to give the SC at least 10 days, as a matter of judicial courtesy, to consider her application for a TRO.
Meanwhile, the Court of Appeals (CA) has denied Garcia’s plea for the inhibition of one of the justices handling her suspension case and instead turned the tables on her lawyers.
In a 30-page resolution released yesterday, the CA’s 12th Division rejected Garcia’s motion seeking the inhibition of Associate Justice Vicente Veloso due to alleged “undue bias, prejudice and partiality†on her plea for a TRO on Malacañang’s order suspending her.
But the CA division did not find merit in her plea, saying their actions – including the decision not to rule on the TRO plea anymore – were a result of their collegial deliberations. – With Edu Punay