Dumanjug Mayor Nelson Garcia explains his motion for reconsideration to the media with his father, former congressman Pablo Garcia in this March 25, 2014 photo.
FORMER Cebu congressman Pablo Garcia visited Cebu Gov. Hilario Davide III yesterday morning to ask him to reconsider the six- month suspension imposed on his son, Dumanjug Mayor Nelson Garcia.
“The governor was apparently misled by the Provincial Board (PB). Under the Local Government Code, the decision of the Provincial Board in administrative cases against barangay officials is final and executory. The PB decision on municipal officials can be appealed to the Office of the President,” the elder Garcia told reporters.
Garcia cited Administrative Order No. 22 issued by the Office of the President on Oct. 11, 2011 which stated that unless provided by special law an appeal to the Office of the President shall be taken within 15 days from notice of the agreed party of the decision.”
Garcia said he will file a motion for reconsideration on his son’s suspension. The mayor’s suspension order was served by Provincial Legal Officer Atty. Orvi Ortega and was received by the mayor’s executive secretary Trixie Quirante at 3 p.m. last Monday.
Mayor Garcia filed a motion for reconsideration on the PB’s decision but was denied.
READ: PB affirms suspension order against Mayor Garcia
Governor Davide said he told the elder Garcia to file the motion so the province can take appropriate actions.
Davide said the suspension of Mayor Garcia is based on Sec. 63 of the Local Government Code which states the governor can suspend an elected official of a component city and municipality.
Mayor Garcia said the PB violated its own ordinance which required the PB members to explain the grounds for suspending an elected official in writing.
READ: Dumanjug mayor faces 60-day suspension after PB passes resolution recommending measure
The mayor said he will file charges of grave abuse of authority and anti-graft charges against all PB members who signed the decision to suspend him.
Dumanjug Vice Mayor Efren Guntrano Gica earlier filed charges of grave misconduct and grave abuse of authority against Garcia for appointing Emmylou Cabonillas as the municipal council secretary.
Gica argued that as vice mayor, he should be the one to appoint the municipal council secretary, not the mayor.