Garcia questions Magpale’s ‘mad rush’ to suspend Frasco

CEBU, Philippines - One Cebu Party secretary general, former congressman Pablo John Garcia, has questioned what he called Vice Governor Agnes Magpale’s “dictatorial and downright illegal actions in a mad rush to suspend” Liloan Mayor Vincent Franco “Duke” Frasco. 

Garcia said Magpale is railroading the process even before the Provincial Board could act on a complaint against Frasco by “skipping and running roughshod over five steps required under the law and their own rules.”

These steps, Garcia said, are (1) the inclusion of the complaint in the calendar of business of the PB; (2) the PB’s taking up of the complaint; (3) the referral to the Committee on Complaints and Investigation; (4) the decision by the committee on whether to dismiss the complaint or require the respondent to answer; and (5) the PB’s resolution to require the respondent to answer. 

On December 3 last year, Liloan Vice Mayor Lucelito Pilapil filed a case against Frasco for alleged grave abuse of authority in relation to his releasing of funds for the municipality’s scholars. 

Immediately the following day, December 4, Magpale issued to Frasco a notice to answer the complaint, this before the Sangguniang Panlalawigan could act on it and even before it could be docketed as a complaint and assigned a case number.

According to Garcia, this is usurpation of the PB’s authority because under Section 62 of the Local Government Code and SP’s own rules, it is the SP, and not the vice go-vernor, who shall decide whether to require the respondent to answer or dismiss the case outright.

Garcia said Magpale’s usurpation of authority was further exposed when Frasco received a notice from the SP secretary that on December 7, or three days after Magpale issued the notice to answer the complaint, the PB adopted a resolution referring the complaint to the Committee on Complaints and Investigation “for study and recommendation.”

“How could Magpale require respondent to answer when the Sanggunian was still studying the matter? For all we know, the Sanggunian might dismiss the complaint outright, especially since it was not verified, in violation of the rules,” Garcia said.

He further said that he received information from an insider that in last Monday’s caucus, Magpale and her lawyer Magnificus Cañete were pushing for Frasco’s suspension despite the ban on suspensions under the Omnibus Election Code, which came into effect on January 10, 2016.

 “I’m told it was Cañete’s uninformed and irresponsible opinion that in cases filed under the Local Government Code, the ban on suspensions only begins on February 9, or 90 days before the elections,” Garcia disclosed. 

This opinion, how-ever, Garcia said, is incorrect since the Local Government Code does not repeal the ban under the Omnibus Election Code. 

He further said that he had earlier consulted Comelec authorities and confirmed that the January 10 ban is already in effect, even for cases filed before the SP.  (FREEMAN)