Sandiganbayan affirms decision against Nelson Garcia, 6 others

CEBU, Philippines - The Sandiganbayan has affirmed the charges filed against former Dumanjug Mayor Nelson Gamaliel Garcia and six others for usurpation of authority when they appointed the Sangguniang Bayan (SB) secretary during their term.

Associate Justice Rafael Lagos of the fifth division denied Garcia’s motion to dismiss for allegedly violating his right to a speedy disposition of cases and motion to quash Information for lack of probable cause.

The other accused were former councilors Eliezer Amadora, Ricardo Condes, Miriam Llaño, Ricardo Boquecosa, Antonio Garcia, and former SB secretary Emmylou Cabonilas.

In his motion, Garcia asked for the dismissal of the case claiming there was no probable cause since what was originally filed against him was for falsification of public documents but he was indicted for usurpation of authority instead.

He claimed no participation in the passage of the resolution allegedly designating Cabonilas as SB secretary.

Cabonilas, for her part, said she could not have usurped the position of SB secretary as she merely signed the resolution as temporary secretary.

She added she only acted in good faith when the Civil Service Commission (CSC) invalidated Nerio Aquino’s appointment as the town’s SB secretary.  Garcia also claimed there was no showing of any conspiracy to hold him liable for the said charge.

He also asked for the dismissal of the case in violation of his right to speedy disposition of cases, claiming there was delay in resolving the complaint and it was politically motivated “aimed to harass, vex and oppress” him.

In their comment, the prosecution claimed there was probable cause to indict Garcia and others of usurpation of authority.

Lagos, however, ruled that Garcia’s argument that he should not be indicted for usurpation of authority since the original complaints was for falsification of public document is not meritorious.

“The provisions in the Rules of Court and in the Rules of Procedure in the Office of the Ombudsman, governing the conduct of preliminary investigation, do not limit the prosecutors to charge the offense that was originally subject of the complaint-affidavit,” the resolution read.

Lagos ruled Garcia cannot deny that he has no participation in the SB resolution since he signed and approved the said resolution. There was also a showing that he first designated Cabonilas as acting SB secretary.

“He signed resolutions where Aquino signed as SB secretary. He cannot therefore simply reason that he has no participation since he appeared to have prior knowledge that Aquino had been appointed as SB secretary yet he still signed the SB resolution where Cabonilas signed as temporary SB secretary,” the resolution read.

Lagos added the invalidation of the appointment of Aquino was not yet final since he appealed the decision before the CSC.

He also said there was no violation of right to speedy disposition of cases since Garcia did not discuss the four factors – the length of delay, the reasons for the delay, the assertion or failure to assert such right by the accused and the prejudice caused by the delay – in his motion.

“Without discussing the four factors and in failing to show that each factor is satisfied, there can be no finding of violation of the accused to speedy disposition of cases,” the resolution read.

The arraignment of Garcia and the other six accused is set for March 28 at 8:30 a.m. —/GAN (FREEMAN)