Saavedra opposes Garcia's motion to dismiss Balili raps

CEBU, Philippines - Whistleblower Crisologo Saavedra has opposed Cebu Governor Gwendolyn Garcia’s motion seeking to dismiss his complaint relative to the provincial government’s purchase of the controversial Balili property in Naga City.

In his comment and opposition filed before the Office of the Ombudsman, said it was not anymore necessary to attach his affidavit on his complaint against Garcia and other Capitol officials because his complaint was already consolidated in the Final Evaluation Report of the Public Assistance and Corruption Prevention Office of the Ombudsman.

Garcia earlier sought the dismissal of Saavedra’s complaint on the ground that it is procedurally flawed because of his failure to attach his affidavit. Another ground Garcia cited in asking for the dismissal of the case is that the Office of the Ombudsman does not have jurisdiction over the subject matter.

“The Ombudsman definitely has the jurisdiction to investigate the Balili transaction undertaken by the Province of Cebu on allegation of abuse of authority and corruption,” Saavedra said.

Another complainant Manuel Manuel also said that Garcia’s motion to dismiss is not only out of order, it is also without bases.

Manuel said that it is out of order in the sense that the March 16, 2011 Order specifically ordered respondent Garcia to file a counter-affidavit for violation of RA 3019 section 3 paragraphs (g) and (e) and not a motion to dismiss.

“Head strong as she is, she filed the Motion to Dismiss, April 25, 2011 and not a Counter Affidavit, violating the specific Order of the Ombudsman,” Manuel said.

Like Saavedra, Manuel also believes that Ombudsman sure of its jurisdiction, docketed the case against Garcia as legitimate.

“So, alleging that the Ombudsman has no jurisdiction over the above mentioned cases, Governor Gwen has no basis at all,” added Manuel.

In his opposition, Saavedra asked the anti-graft office to file the criminal and administrative cases and an additional case of plunder against Garcia and other respondents.

“That, for the crime of plunder the respondents are required to be suspended and the court will issue a hold order as soon as possible while the case is under investigation,” Saavedra said in his 12-page comment and opposition.

The investigation stemmed from complaints on the purchase of the Balili property worth P99 million in Barangay Tinaan, Naga City after a huge portion of the property was discovered to be underwater. — (FREEMAN)