THE dismissal order against Dumanjug Mayor Efren Guntrano “Gungun” Gica should remain in effect until the court orders otherwise, says the central office of the Department of Interior and Local Government (DILG).
DILG Provincial Director Jerome Gonzales told Cebu Daily News in a phone interview on Thursday (Dec. 27) that he personally served the memorandum order from the DILG Central Office, telling Gica to vacate his post, at the mayor’s office of Dumanjug Municipal Hall on Thursday morning, December 27.
Gica, who was ordered dismissed by the Office of the Ombudsman for alleged serious dishonesty and grave misconduct, however, did not sign the order served by Gonzales.
“I will not speculate [on what will happen if he will not abide by the order], but as far as I am concerned, I already served the order from the Central Office and informed the Vice Mayor and first councilor to assume the post of mayor and vice mayor, respectively,” Gonzales said in a phone interview.
Gonzales said the order is effective immediately.
In a separate interview, Gica maintained that he would not heed to DILG’s order saying that there was no reason to dismiss him as the Court of Appeals had already cleared him from the allegations thrown against him.
“Unsa may basehan nila sa ilang order nga gi-reverse na man o gi-set aside na man ni sa CA nga kaso? (What is their basis since the case had been reversed or had been set aside by the CA?)” Gica said.
“Gi-reverse na o gi-set aside ang kaso but tungod lang kay naay MR (motion for reconsideration) ang Ombudsman, i-dismiss na pod ta (The case has been reversed or set aside but because there is an MR from the Ombudsman, we will again be dismissed),” he said.
Gica believed that the political season might be contributory to the serving of the order from DILG.
He said that he was weighing his legal options to counter the order.
“I will stay put unless there is an order from the governor or the president himself, telling me to step down and vacate my post,” Gica added.
The Ombudsman found Gica guilty of serious dishonesty and grave misconduct in February 2017, dismissed him from his post and prohibited him from holding public office for allegedly bloating the receipt from a restaurant in 2014. The discrepancy amounted to about P10,000.
The decision, however, was reversed by the CA citing the Aguinaldo doctrine or the condonation doctrine, since Gica was re-elected for a second term in 2016.
Gica returned to office as town mayor on August 1 this year after the CA’s reversal decision even without the reinstatement order from DILG.