CEBU, Philippines - The camp of suspended Governor Gwendolyn Garcia has accused the Liberal Party of continuous persecution against them in the court of public opinion.
Garcia’s lawyer, Ma. Christina Esperanza Garcia-Frasco, questioned why LP Cebu spokesperson, lawyer Democrito Barcenas, is sure that the temporary restraining order of the suspension of the governor won’t be granted.
“My question is, why do they know?†Frasco said.
Frasco told The FREEMAN that legal ethics and plain courtesy dictates that they respect the fact that the matter is now pending resolution before the Court of Appeals.
“Why prejudge the case and continue to persecute us in the court of public opinion?†Frasco asked.
Barcenas ealier said that a TRO is no longer necessary as the provincial government is now functioning very well under the leadership of Acting Governor Agnes Magpale and there is nothing to restrain.
Barcenas explained that if there was an extreme necessity for Garcia to stay in office, the TRO would have been granted in December after the suspension order was issued on the 19th.
Garcia is willing to go to the Supreme Court if the CA will not issue a TRO saying that it is her commitment to the Cebuano people to exhaust all legal remedies that may be available.
Frasco earlier explained that in filing the petition before the CA, they cited Rule 43 of the Rules of Court which is asking for a TRO on the ground of irreparable injury.
CA Associate Justice Vicente Veloso, who chairs the three-member CA 12th division, earlier criticized Garcia’s petition saying she should have filed for a petition for certiorari under Rule 65 of the Rules of court, where the appeals court could issue a TRO and at the same time ensure that rights of both parties are protected.
Frasco said that Rule 65 applies if there is no other plain, speedy or adequate remedy available under the law but the Local Government Code provides that the decision of the Office of the President is appealable.
The Office of the President, on December 19, 2012, suspended Gov. Garcia for six months after she was found guilty by the Department of Interior and Local Government of the administrative charges filed by the late vice governor Gregorio Sanchez Jr.
Frasco said that if they availed of Rule 65, the petition for TRO could easily be dismissed on technicality because it merely allows decisions that are interlocutory which means “there is something more to be done about that decision which is not yet final and executory.†—MIT (FREEMAN)