Rep. Gwendolyn Garcia of Cebu’s 3rd district has one burden off her shoulders.
The Court of Appeals (CA) Cebu station on Wednesday nullified and set aside a decision of the anti-graft office which earlier held the former governor administratively liable for the 2008 purchase of the Balili beach property in Naga City.
Garcia still faces a criminal case for the purchase of the Balili estate before the Sandiganbayan, but owing to her election in 2013, she has no administrative liability.
In a ruling penned by Executive Justice Gabriel Ingles, the CA station in Cebu said the Office of the Ombudsman acted “whimsically, capriciously and arbitrarily” when it adjudicated the administrative case against Garcia even if the latter was reelected in 2010.
Under the Aguinaldo Doctrine, a reelected public official is spared from any administrative liability for acts committed during his prior term if he gets reelected.
In effect, Garcia’s reelection in 2010 condones her alleged lapses.
“The underlying theory is that each term is separate from other terms, and that the reelection to office operates as a condonation of the officer’s previous misconduct… The Ombudsman cannot pronounce the petitioner (Garcia) as administratively guilty for grave misconduct in the cases which have already become moot and academic,” Ingles said.
The High Court said removing a public officer for acts done prior to his or her reelection will “deprive the people of their right to elect their officers.”
“When the people have elected a man to office, it must be assumed that they did this with knowledge of his life and character, and that they disregarded or forgave his faults or misconduct, if he or she had been guilty of any,” a ruling from the SC read.
The ruling was concurred by Associate Justices Ma. Luisa Quijano-Padilla and Marie Christine Azcarraga-Jacob.
The CA ordered that copies of the ruling be furnished to the Department of Interior and Local Government, Commission on Elections, Civil Service Commission and the Government Service and Insurance System.
Garcia served as governor of Cebu from 2004 to 2013 before her election as representative of Cebu’s third congressional district.
Her daughter, lawyer Christina Codilla-Frasco, said they are elated with the ruling.
“We’re very happy that the CA issued a favorable decision. We have seen a glimmer of hope and justice after what feels like a very long time. Wala gyud diay natulog ang Ginoo. (God is indeed not asleep). Justice will come in the end,” she said in a text message to CDN.
Garcia is in the United States to visit her daughter Carissa and two granddaughters.
She is facing three criminal cases for the Balili lot purchase before the Sandiganbayan for acquiring 24.9 hectares of coastal land for the price of P98.9 million.
A hold departure order was issued against her, but she can still travel abroad as long as she secures court approval.
In Jan. 2013, the anti-graft office found Garcia and five other officials guilty of grave misconduct for purportedly misusing public funds to buy private property that was mostly submerged.
Garcia, former Provincial Board Member Juan Bolo, retired Provincial Assessor Anthony Sususco, former Provincial Treasurer Roy Salubre, former Provincial Engineer Eulogio Pelayre, and former Provincial Budget Officer Emme Gingoyon were ordered dismissed from government service.
Aside from losing their jobs, they forfeited their retirement benefits, are disqualified from being rehired to work in the government and are barred from holding public office.
The former Cebu governor and Bolo, however, were spared from the full penalties under the Aguinaldo doctrine that protects officials who are reelected to office, in this case the 2010 election.
Garcia elevated the issue before the appellate court, saying she could not be held liable for an administrative case that stemmed from accusations during her prior term.
Her lawyers said the Ombudsman’s act of broadcasting to the national media its finding of guilt caused “irreparable damage and injury to her name, integrity and reputation.”
The case involves the province’s purchase of 11 parcels of land with a total area of 24.9 hectares for which P98.9 million was paid.
The amount was paid in cash to the Balili heirs.
The Ombudsman’s decision said the deal was tainted with irregularities as the province at the time had no available funds for the purpose of “providing a good opportunity for the Province of Cebu to develop and cater to the needs of interested investors.”
It said 50 percent of the total payment by the Capitol “actually came from the (P50 million) budget of the province not specifically earmarked for that purpose but for Site Development and Housing Program under Social Services.”
The decision noted that of the 11 parcels of land, about 196,696 square meters of the total area of 249,246 square meters is submerged in seawater, hence it can’t be used for the purpose of developing an international seaport and attract investors nor even for site development or housing.
It added that “the use of funds for a purpose other than the specific purpose for which the fund was appropriated is per se illegal.”
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