For Dumanjug mayor 6-month suspension stays as PB turns down motion

CEBU, Philippines – The Cebu Provincial Board yesterday upheld its decision suspending Dumanjug Mayor Nelson Gamaliel Garcia from office for six months after he was found guilty of grave misconduct and abuse of authority for appointing a municipal council secretary, a power that belongs to the vice mayor.

The body denied the motion filed by Board Member Alex Binghay, an ally of Garcia, to reconsider the penalty by reducing it to three months suspension.

The denial was made upon the recommendation of the PB’s committee on complaints and investigation.

The investigating committee explained that any discussion and objection on the approval of its recommendation should have been made during the deliberations.

“It is very important to note that the committee report, which was merely recommendatory, was approved unanimously and without objection by all members of the Sangguniang Panlalawigan of Cebu on March 9, 2015, thus the motion for reconsideration (of Binghay), which is only partial, as it seeks reconsideration of the penalty only, should not be entertained,” the committee said.

The committee also noted that the Local Government Code authorizes the imposition of a six-month suspension for every administrative offense.

“In this case, respondent mayor (Garcia) was found liable for two administrative offenses, namely grave misconduct and grave abuse of authority, thus the approval by this body of a six-month suspension for two offenses can never be considered as excessive or harsh,” it added.

The body approved the recommendation to deny the motion of Binghay, but Board Members Sun Shimura and Joven Mondigo Jr., also allies of Garcia, abstained due to “compassion.”

Board Members Binghay and Celestino Martinez III were not around during the regular session.

The case stemmed from the complaint lodged by Vice Mayor Efren Guntrano Gica on September 16, 2013. Gica alleged that Garcia abused his authority as mayor when the latter designated Emmylou Cabonillas as secretary to the council, thus, usurping the appointing power of the vice mayor.

According to the committee report, Garcia ‘admitted’ that he designated Cabonillas as council secretary on June 25, 2013, and issued another designation order for her on September 8, 2014 when the first designation order had expired.

Garcia also reportedly admitted issuing another order for Arnelle Famador designating him to the same position after Cabonillas had refused to accept the second order.

“These acts clearly show the respondent mayor (Garcia)’s deliberate and willful attempt to encroach on the legislative branch of government,” the committee said.

Board Member Arleigh Sitoy, who heads the investigating committee, said the suspension cannot be implemented yet because Garcia still has 30 days to appeal the decision.

The period for Garcia to file an appeal starts upon his receipt of the decision of the PB, he added. Sought for comment, Garcia expressed dismay on the decision of the body, alleging that he could no longer find justice in the PB, which is dominated by Liberal Party members.

He said he is eyeing to sue the members of the PB who approved the decision.

“This is a pure abuse of authority… Kanang ilang gibuhat is giving due advantage to my vice mayor, resulting to my injury. Klaro kaayo. Sobra na kaayo ilang gibuhat nako,” he told reporters.

Meanwhile, the PB also denied the urgent omnibus motion filed by Garcia to argue on his previous three motions which were already denied.

The committee explained that the parties, including Garcia, were given “more than sufficient” and “full opportunity” to argue and present evidence during the hearings of the case.

The three previous motions were for the committee “to hold in abeyance the final resolution on the grave abuse of authority case” until his appeal before the Office of the President is resolved, to “defer the final resolution” by the investigating committee on the case pending his appeal, and “set aside and strike off the record” the committee’s report.

The committee contended that although the administrative order number 22, series of 2011, provides for a stay of execution, it does not apply when provided for by special law.

“The Local Government Code of the Philippines, a special law, in section 68 thereof, specifically provides that an appeal to the Office of the President shall not cause a stay of execution,” the committee said. —/FPL (FREEMAN)