Garcia: Not guilty

CEBU, Philippines - Suspended Cebu Gov. Gwendolyn Garcia pleaded not guilty to graft and malversation of public funds in relation to the controversial Balili land deal before the Sandiganbayan yesterday.

This developed as The Bureau of Local Government Finance (BLGF) of the Department of Finance implemented yesterday the decision of the Office of the Ombudsman dismissing provincial treasurer Roy Salubre from service.

Assisted by lawyer Tranquil Salvador, Garcia appeared before the magistrates of the anti-graft court's Second Division a day after failing to show up for arraignment.

"Not guilty, your honor," Garcia told Associate Justices Teresita Diaz-Baldos, Napoleon Intorun, and Oscar Herrera Jr. after the charges were read to her in open court.

Garcia is facing trial for her involvement in the Cebu provincial government's purchase of a P99.6-million property in 2008 for a housing project.

The Office of the Ombudsman, investigating complaints filed in relation to the transaction, indicted her before the Sandiganbayan last year after finding, among others, that a large portion of the estate that was bought is submerged in seawater.

Garcia was supposed to be arraigned on Thursday but she failed to appear before the anti-graft court, saying she had to attend a graduation ceremony.

Baldos, based on a motion by Ombudsman prosecutors, ordered the issuance of arrest orders against her and forfeiture of the P90,000 bail she earlier posted.

But after appearing yesterday and acting on a motion for reconsideration filed by the defense, the Sandiganbayan lifted the order to arrest for "lack of intention to disrespect the court" on the part of the accused.

Baldos gave both the prosecution and the defense 30 days to submit pre-trial briefs that would contain their complete list of witnesses and evidence to be presented during trial and scheduled a preliminary conference on May 29 and May 30.

Garcia afterwards thanked the Sandiganbayan for lifting the arrest order and confiscation of bail against her.

"I did not mean to disrespect the court. It was just that I had these commitments that I had also given my word to and I could not bear to disappoint the children who were waiting for me," she explained.

Garcia said she had to attend a graduation of high school students in a far-off mountain village in the town of Balamban where no governor has ever gone before.

As to the charges against her, Garcia said she has submitted herself to the processes of the court "and I believe in the judicial process."

"When I first ran for office, I already prepared myself for the struggles that would lie ahead. It's part of the hazards of the job. I'm taking it as calmly and as stoically as I can. I feel for my children and my family," Garcia said.

Salubre dismissal

Salubre received yesterday a memorandum dismissing him from service. It was dated March 21, 2013 and signed by BLGF acting regional director Carmelane Tugas.

Tugas informed acting Governor Agnes Magpale about the penalty meted against Salubre.

The BLGF also directed assistant provincial treasurer Emmanuel Guial to assume Salubre's  post as caretaker but subject to the authority from the Commission on Elections. 

Earlier, Graft Investigation and Prosecution Officer Blesilda Ouano found Garcia, Salubre, former provincial board member Juan Bolo, appraisal committee members, Engr. Anthony Sususco, Engr. Eulogio Pelayre and Budget Officer Emme Gingoyon guilty of grave misconduct for the purchase of the 24.9-hectare Balili property worth P98.9 million.

The BLGF has the authority over Salubre while the Department of Interior and Local Government will implement the penalty against the other accused.

The administrative liability of Garcia and Bolo has been rendered "moot and academic" after Garcia's reelection in 2010 while Bolo lost in his bid for PB in the same election.

Magpale's lawyer, Magnificus Cañete, said that their office has yet to receive the memorandum implementing the penalty against Pelayre and Gingoyon.

Sususco has already retired from service.

In her decision, Ombudsman Conchita Carpio Morales said public funds were misused when Capitol acquired the property that was mostly submerged in seawater.

Half of the amount used to pay for the property came from Capitol's budget not specifically allocated for the purchase but for Site Development and Housing Program under Social Services. — /LPM (FREEMAN)