Gica faces suspension order for illegal raid
EMBATTLED Dumanjug Mayor Efren Gica’s legal troubles just got worse due to a suspension order issued against him by the Ombudsman-Visayas.
Gica was ordered suspended for leading a police team in conducting a raid without a search warrant.
The Ombudsman-Visayas also found his older brother, Dumanjug Councilor Erwin Gica, guilty of misconduct and oppression.
“Despite the questionable search, Vice Mayor Gica personally participated in the search while (brother) Gica aided the policemen in using his vehicle to transport the confiscated items and bringing the complainant to the police precinct,” said graft investigation and prosecution Carmelle Baybay-Suson in her ruling.
The complaint was resolved without any explanation from the two respondents who failed to submit their counter-affidavits. Suson’s decision was approved by Deputy Ombudsman for the Visayas Paul Elmer Clemente.
The Department of Interior and Local Government (DILG) was directed by the Ombudsman to enforce the ruling. Gica was unfazed by the suspension order.
“Wala ko nahadlok ana. Naa mi daghan legal remedies (I am not afraid of that. We have many legal remedies),” he told Cebu Daily News over the phone.
His options, he said, include filing a motion for reconsideration at the Ombudsman to contest the decision, and to request the Court of Appeals to issue a temporary restraining order on the suspension order.
“They (Ombudsman) just cannot deprive the people of Dumanjug of the person they chose to lead them. I am confident the ruling will be reversed,” the younger Gica said.
He said Nilo Quirante, the owner of the house that was raided was a known drug personality in their town.
Mayor Gica said he went to Quirante’s house only after he was informed by the police that an operation was conducted.
“I know this case is politically-motivated. The Ombudsman should have determined whether or not the complainant was credible,” he said.
When the controversial raid happened on Aug. 9, 2015, Gica served as acting mayor of Dumanjug in lieu of then mayor Nelson Garcia who, at that time, was suspended by the Cebu Provincial Board for “grave abuse of authority.”
The case against Mayor Gica at the Ombudsman Visayas was filed by Marlene Quirante, a caretaker of the house raided by policemen who were allegedly accompanied by Gica and his brother.
In her complaint, Quirante said the respondents went inside their house even without a search warrant.
The policemen then brought with them one generator, three TV sets, electric pump, electric fans, and a juicer.
Quirante alleged that the respondents also fired their guns at the house’s three air conditioners and a water tank on the mayor’s order.
She said Nilo Quirante was brought to a police precinct where he was accused of keeping a pack of shabu.
Nilo was charged with possession of illegal drugs and was released from prison after he posted bail.
A neighbor of the complainant executed an affidavit to corroborate the latter’s accounts.
Last October 19, 2016, the Ombudsman-Visayas also found Gica guilty of dishonesty and grave misconduct for allegedly pocketing P10,000 from a cash advance of P50,000 he obtained when he was still the vice mayor of Dumanjug town located 81 kilometers south of Cebu City.
In March 2017, the anti-graft office rescinded its dismissal order after it gave weight to Gica’s claim that he was not given due process. Gica was told to submit a counter-affidavit to refute the allegations.
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