Garcia laments Palace inaction on his appeal

CEBU, Philippines - As he is expected to report back to his office this week after serving his six-month suspension, Dumanjug Mayor Nelson Gamaliel Garcia has expressed disappointment over the slow resolution of his appeal filed before the Office of the President in May.

He filed a manifestation two weeks ago asking the Office of the President for the early resolution of his appeal on the decision of the Provincial Board suspending him for six months for grave abuse of authority. Garcia lamented that until now he has not received any feedback from the Palace.

He noted that his appeal has been pending in the office for almost six months already without any information whether it was moving forward or not. He said he will officially sit as mayor again in November 5.

“Natulog ra gyud sa office of the president akong appeal. Hangtod karon mobalik na lang ko, wa pa gyud aksyoni,” he told reporters.

In his appeal filed in May 6, Garcia alleged that the Provincial Board erred and had no legal basis in suspending him for grave abuse of authority over the appointment of a secretary to the municipal council, an authority that belongs to the vice mayor.

He contended that what he did was not appointment but a mere designation which is temporary in nature and allowed by law. He said that the Office of the President may be held liable under the civil service law if it refuses to act upon the case filed before it.

He believes that “a strong hand” and someone who is close to President Benigno Simeon Aquino III is responsible for the slow-paced resolution of his appeal, considering that the president is the leader of the Liberal Party where the complainant, Vice Mayor Guntrano Gica, is a member.

Under the Local Government Code, a respondent, like Garcia in the present case, should be considered as having been placed under preventive suspension during the pendency of his appeal if he wins such appeal. If exonerated, the respondent will also be paid his salary and other emoluments during the pendency of his appeal.  (FREEMAN)