Dumanjug mayor faces 60-day suspension after PB passes resolution recommending measure

Dumanjug Mayor Nelson Garcia (CDN FILE PHOTO)

The Cebu Provincial Board yesterday passed a resolution recommending the imposition of a 60-day suspension of Dumanjug Mayor Nelson Garcia on charges of abuse of power and usurpation of authority.

The PB voted 8-2, with three abstentions. This is the first time in Cebu’s political history that the PB has resorted to this measure.

Board members Raul Alcoseba, Christopher Baricuatro, Peter John Calderon, Grecilda “Gigi” Sanchez, Miguel Magpale, Jude Sybico, Arleigh Sitoy and Thadeo Ouano – all allied with the Liberal Party (LP) – voted in favor of the suspension.

Board members Joven Mondigo Jr., Sun Shimura, and Alex Binghay abstained from voting on the resolution, saying they have not read the complaint against Garcia.  The three are allied with the One Cebu Party of the Garcias.

The mayor is the son of former governor and congressman Pablo Garcia and sibling of former governor, Gwendolyn,  former congressman, Pablo John and former Barili vice mayor Marlon.

At yesterday’s regular session, the PB Committee on Complaints and Investigation released its report recommending the placement of Mayor Nelson Garcia under preventive suspension for appointing a municipal secretary without consulting with the town council.

The suspension will immediately take effect once it gets the approval of Cebu Gov. Hilario Davide III.

In the committee report,  Board member Arleigh Sitoy said that the facts of the complaint lodged by Dumanjug Vice Mayor Guntrano “Gungun” Gica, is sufficient in proving that Garcia’s “continuance in office can influence the witnesses and threaten the safety of the records and other evidence.”

Sitoy, who heads the complaints committee, cited Section 63 of the Local Government Code which provides for the 60-day suspension.

The members of the committee – Board members Raul Alcoseba, Christopher Baricuatro, Peter John Calderon, Grecilda “Gigi” Sanchez and Miguel Magpale affixed their signatures to the report.

The administrative case was filed last year after Garcia allegedly appointed Emmylou Cabonilas as municipal secretary, a power which Vice Mayor Gica insists is designated under the vice mayor.

Garcia allegedly released a memorandum designating Cabonilas to take over in an acting capacity the post vacated by Victor Tan Jr, who resigned last June 26.

“In this case, the issues are already joined, the evidence of guilt is strong, the offense is grave in nature and the probability is great that the respondent’s continuance in office can influence the witnesses and can threaten the safety of the records and other evidence especially those in the hands of the SB (sangguniang bayan) secretary designate, Ms.  Cabonilas, the municipal accountant and the municipal treasurer thereby necessitating the imposition of preventive suspension of the respondent from the office,” stated the order dated last March 21.

NOT SUFFICIENT

Vice Mayor Gica  welcomed the recommendation of the PB and said he is hoping that Davide will approve the recommendation.

“Actually, the suspension is still not sufficient given all the things he’s done in the past in Dumanjug. It fits him,” he told Cebu Daily News.

Aside from the administrative case, Gica also filed a separate criminal complaint against Garcia before the Office of the Ombudsman for grave abuse of authority on the same issue.

“We’re just waiting for the reply of the Ombudsman right now. So far, no developments yet,” he said.

In a phone interview, Mayor Garcia accused the PB of politicking, saying the members have disregarded “justice for political colors.”

Garcia said that Magpale has been pressuring Sitoy to recommend the suspension order.

He said he privately met with Sitoy last month in a karaoke bar in Cebu City where the legislator allegedly confessed that he was being pressured by the vice governor to push through with the suspension order.

“He (Sitoy) told me that this is politics, weather-weather lang. He cannot do anything but follow Magpale,” an angry Garcia told Cebu Daily News.

He also alleged that all the six members of the PB’s committee on complaints and investigation, who are all members of the LP, hold grudges against the Garcia family.

“The preventive suspension was already expected. As early as October last year, Gica has already told people in Dumanjug that I’ll be suspended because he can easily dictate on Gov. Davide,” he said.

“And I don’t think so. Despite of other LP members, the governor has been very accommodating and good towards me. I have high regard for him and I still have faith that he will prevail righteous and not approve the suspension,” added Garcia.

Garcia said he will call a news conference today to announce his next move./With Editor-in-Chief Eileen Mangubat