Reinstatement of Gica follows due process, says Ombudsman Visayas

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)

THE Office of the Ombudsman in the Visayas can only act on an aggrieved person’s right if he manifested before the anti-graft office that his right was denied.

This was the explanation given by lawyer Corazon Naraja, information officer of the Office of the Ombudsman–Visayas, as to why they were able to act immediately on the motion for reconsideration filed by Dumanjug Mayor Efren Guntrano “Gungun” Gica that contested his dismissal from office.

Gica, who was dismissed by the Ombudsman-Visayas last February for dishonesty and grave misconduct for allegedly bloating by P17,130 a meal expense for village chiefs, was ordered reinstated to his post by the same office on Monday after finding merit in his contention that he was denied due process.

Naraja explained that those who are aggrieved by an Ombudsman’s decision or resolution should initiate the necessary legal remedy to question it and present their reasons; otherwise, the decision stays.

She stressed the Ombudsman can only address those who manifested before the anti-graft body that their rights to due process were denied.

She said that contrary to the claim of Dumanjug’s former mayor Nelson Garcia that the order to reinstate Gica was unfair because he was not accorded the same treatment when he was meted with a dismissal by the same office, Naraja clarified that it is not at all times that an order of dismissal is vacated.

But in Gica’s case, she said they were were able to establish that Gica was indeed not given a chance to give his counter-affidavit because the order directing him to file his counter-affidavit, which was made through the Philippine National Police, was not served to him personally.

“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 a 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 joint order giving Gica 10 days to file his counter-affidavit read.

Garcia earlier cried political and legal maneuvering and 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.

The complaint against Gica was lodged by Garcia who claimed that Gica bloated the amount in his liquidation report and falsified documents to cover it up.