Ombuds: No SALNs from Gicas since 2013

CEBU, Philippines — Based on the records of the Office of the Ombudsman, suspended Dumanjug Mayor Efren Guntrano Gica and his brother Councilor Erwin Gica have not filed their Statement of Assets, Liabilities and Net worth (SALN) for the past several years.

This after former mayor Nelson Gamaliel Garcia requested the Office of the Ombudsman for copies of the Gicas’ SALN since 2013.

Efren was vice mayor from 2013 until 2016 while Erwin has served as councilor from 2013 up to the present.

On September 7, 2017, Sarah Jo Vergara, officer-in-charge of the Central Records Management Office of the Ombudsman-Visayas, certified Garcia’s request that “as per files of scanned SALNs, no available SALN on file, none found” for Mayor Gica for 2013, 2014, 2015, and 2016.

For Councilor Gica, Vergara said “as per files of scanned SALNs, we only found 2013 SALN.”

This prompted Garcia to file four counts for violation of Section 7 of Republic Act 3019, otherwise known as the Anti-Graft and Corrupt Practices Act and four counts for violation of Section 8 of RA 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees against Mayor Gica.

Garcia also filed three counts for violation of Section 7 of RA 3019 and three counts for violation of Section 8 of RA 6713 against Councilor Gica.

Section 7 of RA 3019 provides that, “Every public officer, within thirty days after the approval of this Act or after assuming office, and within the month of January of every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent office, with the Office of the President, or in the case of members of the Congress and the officials and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year: Provided, that public officers assuming office less than two months before the end of the calendar year, may file their statements in the following months of January.”

Section 9(b) provides the penalties that, “Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of not less than P100 nor more than P1,000, or by imprisonment not exceeding one year, or by both such fine and imprisonment, at the discretion of the Court.

Proven violation of the said section shall be sufficient cause for “removal or dismissal of a public officer, even if no criminal prosecution is instituted against him.”

Section 8 of RA 6713 also provides that, “Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen years of age living in their households.

Both officials are currently serving their one-year suspension meted by the Office of the Ombudsman for an anomalous search of the house owned by a certain Nilo Quirante in 2015 when Efren was still vice mayor.

The Ombudsman said the Gica brothers committed simple misconduct and oppression for searching Quirante’s house without a warrant and for transporting his things to the police station.

However, Mayor Gica said he has copies of all SALNs he allegedly did not submit.

“Ako ra na tubagon! Naa ko tanan received copy sa Ombudsman since 2007 naa pa nako tanan copy. Ako ni ihapak sa agtang ni Nelson ug makitaan nako siya,” he said in a text message yesterday evening. His brother was not available for comment. —/BRP (FREEMAN)