CEBU, Philippines- “Where is the decision?”
This is the question raised by lawyer Pablo Garcia after a Notice of Decision on the six-month suspension of Dumanjug Mayor Nelson Garcia was signed only by the secretary of the Provincial Board.
Garcia, a former congressman and governor, said the board violated Section 66 of the Local Government Code of 1991 which provides that, “The investigation of the case shall be terminated within ninety (90) days from the start thereof. Within thirty (30) days after the end of the investigation, the Office of the President or the Sanggunian concerned shall render a decision in writing stating clearly and distinctly the facts and the reasons for such decision. Copies of said decision shall immediately be furnished the respondent and all interested parties.”
Garcia said court decisions are duly signed by the judge or justices, which in this case, are the members of the Provincial Board, and not the clerk of court.
“Tan-aw nako hadlok sila ikiha,” Garcia said in a press conference yesterday.
The board secretary, Atty. Pulchra Marie Acevedo, quoted the dispositive portion of Resolution No. 672-2015 which states, “Now therefore, on motion of Hon. Grecilda P. Sanchez and duly seconded by Hon. Arleigh Jay C. Sitoy, and approved unanimously without objection, this Body, in open session duly assembled resolves as it is hereby resolved to impose a six (6) month suspension as a penalty against respondent Mayor Nelson Gamaliel F. Garcia in Administrative Case No. SP CBU 2013-01.”
Aside from usurping the power of the Provincial Board, Garcia said Acevedo also falsified Resolution No. 672-2015 passed on March 16, 2015.
Dispositive portion of said resolution states that, “Now therefore, on motion of Member/Author, Hon. Grecilda P. Sanchez, duly seconded by Majority Floor Leader, Hon. Arleigh Jay C. Sitoy, be it resolved , as it is hereby resolved, to affirm Resolution No. 590-2015 entitled: “Approving and Adopting the Committee Report dated January 25, 2015 of the Committee on Complaints and Investigation and Imposing the Penalty of Six (6) Months of Suspension Against Dumanjug Mayor Nelson Gamaliel F. Garcia in Administrative Case No. SP-CBU 2013-01 Entitled Vice Mayor Efren Guntrano Z. Gica vs. Mayor Nelson Gamaliel F. Garcia for: Grave Misconduct and Grave Abuse of Authority and/or Oppressions.”
Sitoy, chairman of the committee on complaints and investigation, said the board secretary is the one who is supposed to implement the resolution.
“The members not needed to sign as the pertinent resolution was passed without objection,” Sitoy said.
“Mao man na ang procedure kay humana man gi-approve sa Board,” Sanchez, the committee vice-chairperson, also said.
But Garcia said the PB only approved the resolution adopting the committee report not as decision.
“Let them sign the decision,” he said.
Mayor Garcia claimed that while he received the notice of decision, his suspension is still “hanging”. (FREEMAN)