Dumanjug Mayor Efren Gica shows to reporters a copy of his counter-affidavit after filing a Motion for Reconsideration before the Office of the Ombudsman- Visayas last month. (CDN FILE PHOTO)
A month after he was told to step down from his post on charges of dishonesty, Efren Gica has been ordered to return as mayor of Dumanjug town, southern Cebu.
The Office of the Ombudsman in the Visayas took back the dismissal order issued on Oct. 18, 2016 and implemented on Feb. 15, 2017 after the anti-graft office gave weight to the claim of Gica that he was not given due process.
In an order dated Feb. 28, Deputy Ombudsman Paul Elmer Clemente said Gica should be given a chance to submit, within a period of 10 days, a counter-affidavit on charges filed against him by his arch rival, former Dumanjug mayor Nelson Garcia.
“Taking into account respondent’s assertion that he had not received, personally or otherwise, a copy of the Order and its attachments, in the interest of substantial justice and due process, there is necessity to furnish him with the same to accord him the opportunity to refute the charges against him and for a more judicious resolution of the cases,” the order read.
“Consequently, since the assailed resolution and Decision were made without considering respondent’s side on his defense, there is a necessity to vacate the same,” the order added.
The Ombudsman-Visayas earlier found Gica guilty of dishonesty and grave misconduct for allegedly pocketing about P10,000 from a cash advance of P50,000 he obtained when he was still the vice mayor of the southern town.
The Department of Interior and Local Government (DILG) implemented the Ombudsman’s dismissal order on Feb. 15.
Although he complied with the order to step down, Gica maintained that he was unable to present his side nor his own documents to belie Garcia’s charges because he did not receive any summons to file his counter-affidavit and position paper.
Gica argued that the charges against him were decided based on a mere technicality.
On Feb. 23, Acting Assistant Ombudsman-Visayas Carla Juris Tanco took cognizance of the Feb. 6, 2017 supplemental motion for reconsideration which Gica filed.
Clemente approved Tanco’s recommendations on Feb. 28, a copy of which was received by the Gica, Del Socorro, Espinoza, Villarmia, Fernandez and Tan law firm which is representing the mayor.
“Respondent asserted that he should be given substantial justice and due process by allowing him to submit his countervailing evidence. He prayed that a thorough investigation of the case be conducted in order to ferret out the truth and that the parties be ordered to fully present their case,” the order read.
It added that the Ombudsman-Visayas found Gica’s allegations to be “impressed with merit.”
Unfair political maneuver?
In an interview with CDN, Garcia questioned the Ombudsman’s latest order, saying that it appeared to be the product of a political and legal maneuver.
“Dako kaayo na nga questionable, how they did it. Duna gyud guro na sila’y connection sa sulod sa Ombudsman. Mao na na’y giingon nila ani nga ang mga nakasala diay dinha, nag-depende ra ug kinsa ra’y tagaan nila ug pabor. I hope na bag-o na man unta ang administrasyon, ang kining Ombudsman cannot be corrupted unta,” Garcia said.
(That is very questionable. They must have connections inside the Ombudsman. As they say, those who are found guilty by the Ombudsman would depend on who they give favors to. I hope that the Ombudsman cannot be corrupted since we now have a new administration.)
Garcia also branded as unfair the chance given Gica to submit his counter-affidavit when others facing similar situations, he said, were dismissed from service with finality.
“Unfair kaayo na sa uban nga na-dismiss just because wa sila katubag, wala tagai ug 10 days sa Ombudsman. Karon sila, for years sila wa mutubag, tagaan ra sa Ombudsman. Asa man ang justice niana sa Ombudsman? Unsa may mga minilyon nga rason nga gitagaan man na ug pabor sa Ombudsman?” Garcia said.
(That’s totally unfair. Some were dismissed just because they failed to answer. They were not given 10 days by the Ombudsman. But Gica did not even answer for years, and yet now the Ombudsman is giving him a chance. Where is justice? What were the million reasons why the Ombudsman had given him this favor?)
“I suspect that somebody there in the Ombudsman is being corrupted,” added Garcia.
Garcia had yet to receive a copy of the Ombudsman’s latest order but vowed to question it as soon as he is furnished one.
Gica elated
Gica, for his part, told CDN that he was very happy with the decision although the legal battle was far from over.
“Nalipay ta ug dako nga na-usab ug gi-reverse ang decision sa Ombudsman, gi-restore ta nila ug balik kay tinuod man gayod kana nga wa gyud ta katubag, wa gyud na-hear atong side, gi-dismiss ta based on technicality,” Gica said.
(I am elated that the Ombudsman reversed its decision and they restored me to my position. It’s really that I had not been given a chance to answer. My side wasn’t heard and I was dismissed based on a technicality.)
Gica was confident that the case against him will ultimately be dismissed.
DILG Regional Director Rene Burdeos declined to comment on the case, as he had yet to read the Ombudsman order.