CEBU, Philippines - The Cebu Provincial Board committee on Complaints and Investigation has recommended a six-month suspension for Dumanjug Mayor Nelson Garcia for alleged grave abuse of authority resulting from his appointing of a secretary to the town council, when it is supposedly the job of the legislative department.
“In view of the foregoing, this committee after a thorough investigation recommends that respondent Mayor Nelson Gamaliel F. Garcia be declared guilty of the charge of grave misconduct and grave abuse of authority, and is accordingly recommended to suffer the penalty of six months suspension from office, subject to the approval of the Sangguniang Panlalawigan of Cebu,” read the decision of the Committee on Complaints and Investigation.
“Lest the committee be misunderstood, let it be clear that acts of public humiliation, vindictiveness, abuse of authority and oppression such as unreasonable withholding benefits or approval of official travels will not and should not be tolerated and should be penalized, however, the said allegations must be proven by substantial evidence. In this case, the complainant has failed to do so,” added the nine-page committee report dated January 25.
The report, which was released to the media yesterday, was signed by the Complaints and Investigation committee chairman Arleigh Sitoy, vice chairman Grecilda Sanchez, and members Christopher Baricuatro and Peter Calderon.
The complaint, which was lodged on September 16, 2013 by Dumanjug Vice Mayor Efren Gica, alleged that Garcia abused his authority as mayor when he hired Emmylou Cabonillas as the council secretary, that he reportedly told her not to turn over the keys to the office of the council secretary, and that he also allegedly ordered Rodulfo Fernandez and Luzviminda Melegrito not to participate in the screening of the new secretary which Gica said is usurpation of power and authority as the job was supposedly for the vice mayor.
As a result, in April last year, Governor Hilario Davide III implemented the 60-day preventive suspension against Garcia following the PB’s recommendation while the investigation on the complaint was being conducted.
In his defense, Garcia denied giving such instructions to Cabonillas, Fernandez and Melegrito. As to the hiring of Cabonillas, he said he only designated, which is contrary to appointment as alleged by Gica. Besides, Garcia contended, the Local Government Code allows the mayor to declare the position of the town council secretary vacant.
During the hearings, Garcia reportedly admitted that he designated Cabonillas as council secretary on June 25, 2013, and issued another designation order for her on September, 8, 2014 when the first order had expired.
He also reportedly admitted issuing another order for Arnelle Famador designating him to the same position after Cabonillas had refused to accept the second order.
The committee said all these designations were done by Garcia “inspite of his admission that he is fully aware” of Section 445 of the Local Government Code.
The committee also said that being the mayor, Garcia is “expected” to be “knowledgeable” about the basic principle of separation of powers between the executive and the legislative departments, as espoused by the Local Government Code.
The committee said that what Garcia did was going “directly and blatantly” against the intent purpose of the said law, which is to distribute powers among elective officials “so that the legislative... can properly check the executive... without any interference from one by the other.”
Citing the Binira vs. Garrucho case, the committee said the designation “may also be loosely defined as appointment” because it “likewise involves the naming of a particular person to a specified public office.”
“It seems clear to us that Section 49 of PD No. 807 does not suggest that designation should be differentiated from appointment. Reading this section with Section 25 of said decree, career service positions may be filled up only by appointment, either permanent or temporary; hence a designation of person to fill it up because it is vacant, is necessarily included in the term appointment, for it precisely accomplishes the same purpose,” the decision read.
In an interview with the media, Vice Governor Agnes Magpale said they will have to tackle the decision on Monday.
She said if ever the board decides to follow the committee’s recommendation, Garcia will be given 30 days to appeal the decision.
Meanwhile, Dumanjug Mayor Nelson Garcia believes vengeance is the motive behind the recommendation of the committee suspending him for six months.
Garcia said the penalty is too much and he accused Magpale behind the decision.
“Naay nisulti nga sakop sa committee nga gi-pressure gyud sila kay panimaslan ko kay wa pa sila kabawos kang Gwen, ako gyud iya gipahamtangan og silot. Manghinaut lang ko nag-ambak-ambak, nagligid-ligid na siya sa kalipay nga nakabalos na siya,” Garcia said.
The mayor is referring to the political clash between his sister, former governor and now third district Representative Gwendolyn Garcia, and Magpale.
Mayor Garcia said the pieces of evidence as defense in designating a town council secretary which triggered the administrative complaint of Vice Mayor Efren Guntrano Gica were not given weight.
“Bisan unsaon niya’g basa, di siya katarung og basa kay ang iyang mabasa puro hiwi,” Garcia said.
Garcia also claimed the PB revised the rules on investigating complaints so that respondents could not file a motion for recommendation.
Garcia, however, said he will still file a motion for reconsideration before the Office of the President pursuant to Administrative Order 22, which provides that all orders shall be halted pending appeal. — Liv G. Campo and Gregg M. Rubio/ATO (FREEMAN)