For alleged usurpation: Davide suspends Dumanjug mayor

CEBU, Philippines - Cebu Governor Hilario Davide III yesterday afternoon issued the order for the 60-day preventive suspension of Dumanjug Mayor Nelson Gamaliel Garcia, pending further investigation over alleged usurpation of authority.

The order was served by the provincial legal officer Orvi Ortega.

However, Ortega said that the mayor was attending a graduation in Barangay Bitoon, Dumanjug town when he served the order.

He just left a copy of the order in the mayor's office and the office of Vice Mayor Efren Gica who is to assume as acting mayor effective immediately.

Davide reasoned that he found grounds to issue the preventive suspension order based on the facts presented by the Committee on Complaints and Investigation of the Provincial Board.

"I think it was well-studied. They have meticulously discussed the issues, they consider the issues and the applicable jurisprudence.  Mi-admit pod ko. Sa akong kaugalingong appreciation sa facts sa issues and understanding of the law regarding the preventive suspension, there is really basis," he told reporters.

Last March 24, the PB approved the recommendation of the Provincial Board committee on complaints and investigation headed by Board Member Arleigh Jay Sitoy requesting the governor to issue an order preventively suspending Garcia.

The case stemmed from the administrative complaint filed by Gica against Garcia for allegedly encroaching on the authority of the former to appoint the municipal secretary.

Garcia earlier filed a motion for reconsideration, as well as motion for disqualification and involuntary inhibition against the members of the investigating committee, but this was denied by the PB.

Garcia, through a memo-randum, designated Emmylou Cabonilas to take over in an acting capacity the post that was left by Victor Tan Jr., who resigned June 26 last year.

Gica accused Garcia of grave abuse of authority for usurping the appointing power of the vice mayor.

Davide is hoping the order will be acknowledged by Garcia.

"I expect that nga mo-resist si Mayor Garcia. But the vice mayor can always hold the office and exercise the power and perform the duties and functions of the mayor. Hopefully nga di maabot anang puntoha," he told reporters.

Garcia yesterday said he is weighing his options and next course of action. He said that he is eyeing filing a Temporary Restraining Order against the preventive suspension order, citing a ground of abuse of authority on the part of the governor.

He added that he is the first mayor in the history of governance in Cebu who has been preventively suspended. He stressed that only his function as mayor was lifted and Gica would act as the mayor only in ministerial duties.

"I have nothing to do with it, since it was already signed by the governor. I can only rely on the law," he said.

He further alleged that Davide was just being "pressured" by Vice Governor Agnes Magpale and the members of the PB.

"Naluoy lang kong Davide nga na-pressure intawon. I know ligdong gyud 'ning tawhana… Manghinaot lang ko nga di sila gabaan nako," he added.

Garcia is the brother of former governor and now Cebu third district representative Gwendolyn Garcia who was also placed under a six-month suspension for grave abuse of authority. — /BRP (FREEMAN)