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Opinion

On the alleged "persecution" of the Garcias by the administration

WHAT MATTERS MOST - Atty. Josephus B. Jimenez - The Freeman

We are not an apologist for the Garcias and we do love the Davides. The Garcias can very well defend themselves. But the timing of all these cases filed against them lead people to smell a rat. Although this writer is from the seventh district, and my father is from Dumanjug, who is distantly related to the Garcias supposedly, I have never been known as an admirer of the Garcias. In fact, I have written many things about my grievances against the GSIS during the time of chairman Winston Garcia. And I have also written some columns that were quite favorable to Governor Junjun Davide, and essays that were clearly in admiration of the former Chief Justice Hilario Davide Jr. Although, of course, I have also written many things that were in praise of former congressman and former governor Pabling Garcia, whom I hold in high esteem in the same manner that I truly respect and in awe with respect to CJ Jun Davide. But I do not believe that this LP administration is being fair to the Garcias. There seems to be a different justice for others, and different justice against the Garcias.

Aside from the highly controversial suspension of former governor Gwendolyn Garcia and the equally controversial suspension of Dumanjug Mayor Nelson Garcia, it has just been published that a case has been allegedly filed against guvernatorial candidate Winston Garcia on matters that pertain to his decisions while still at the helm of the GSIS. Well, I do not want to comment on the substance of the cases respectively filed against the Garcia siblings. The Garcias are brilliant topnotch caliber lawyers. They can well defend themselves. And I have high respect for the duly constituted authorities who filed these alleged cases. Their respective actions and decisions do enjoy the presumption of regularity. However, the timing of these cases leave too much bad taste in the mouth, if we may have to say our piece, with all due respect.

Then governor Gwendolyn Garcia was suspended at a time that was too proximate to the 2013 election for comfort. Although, to my mind, Governor Jun jun Davide really won the contest overwhelmingly and well deservedly, such a suspension that was preventive, not punitive, was timed with no apparent purpose but apparently and quite understandably to put a serious cloud of doubt on her and on her brother who was running against Davide III. Of course, it was not the fault of the good governor (Davide III) who is undoubtedly a fair and an honest man. It was not the fault of the Davides. But the government under the helm of the Liberal Party which controls the prosecution services should have exercised some degree of propriety in the timing of such suspension. That was a low blow if that was a boxing bout.

We have neither knowledge nor information sufficient to form a belief or an opinion on the truth or the falsity of the charges leveled against former governor now Representative Gwen, Mayor Nelson, and now gubernatorial candidate Winston. Honestly, we are not in a position to say that they are either guilty or innocent of the charges slapped against them respectively. But their suspension a few months prior to the election would lead an average citizen to deduce or to conclude that these are harassment suits, or cases that are designed to give undue advantage to their respective opponents. Again, we believe that Governor Junjun has nothing to do about this. It is not in the nature of his character. But he becomes an unwitting beneficiary of these developments. The LP administration should have been more sensitive to the feelings involved.

Former governor Pabling Garcia, a Bar topnotcher and a brilliant trial lawyer can very well defend his sons and daughter. Seventh district congressional candidate Pablo John Garcia, also a Bar topnotcher, and can also defend his beleaguered siblings. For all we know, they will be ultimately exonerated. But that is not the point. The point is the absence of equal justice. The point is this government's policy in the administration of justice. This is not about being innocent or being guilty. This is about being ''persecuted.'' This is not about being convicted or acquitted ultimately. This is about being subjected to an apparent harassment. It may not be harassment in the real sense of the word. But it has all the earmarks of harassment. And this is not good. This administration should explain whether it has a compartmentalized justice administration or not. The people ought to know and be sure of.

The only plausible reason why some mayoralty candidates have jumped ship to the LP here in Cebu and elsewhere is, aside from the pork barrel, (by another name) is  to avoid this kind of political tactic. Perhaps they have some skeletons in their closets too. But that would not be a principle-based politics. In fairness, GMA was never known to be this vindictive. Of course, the Garcias enjoyed too much favors under the GMA era. But their political adversaries were not persecuted then. President Erap was not and is not vindictive. President FVR was not vindictive either. But this administration has suspended many non-Liberals. If they have suspended some LPs too, well they might be deserving of it. Again, we are not saying that the Garcias are angels. What we are saying is that during a political season like today, the party in power should exercise utmost restraint and fairness in avoiding an indication of compartmentalized justice. It is not enough that the LP administration is fair. It must look fair, smell fair, and avoid all cloud of unfairness. No ifs, no buts.

[email protected]

ADMINISTRATION

BUT I

CHIEF JUSTICE HILARIO DAVIDE JR. ALTHOUGH

DUMANJUG MAYOR NELSON GARCIA

GARCIA

GARCIAS

GOVERNOR

GOVERNOR JUN

GWENDOLYN GARCIA

PABLING GARCIA

WINSTON GARCIA

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