Suspended Dumanjug Mayor Nelson Garcia yesterday announced that he will resume his post as mayor after receiving an order from the Office of the President dated June 25 holding off the suspension.
He said the order means the execution of the decision and the resolution of the Provincial Board suspending him is temporarily suspended.
He said he will just inform the PB of his plan to return to his post.
In March, the PB recommended to suspend Garcia for six months for grave abuse of authority over the wrongful appointment of a town council member.
On May 4, Garcia was served the six-month suspension order signed by Gov. Hilario Davide III.
The suspended mayor appealed to the Office of the President on May 6 after his motion for reconsideration was denied by the PB.
The Office of the President, through Deputy Executive Secretary for Legal Affairs Menardo Guevarra, issued the order pending resolution of Garcia’s appeals before the office.
Guevarra, citing Administrative Order No. 22, said that the filing of the notice of appeal within the prescribed period stays the execution of the appealed decision except only in cases where the special law does not allow stay of execution, and in cases of decisions/resolutions/orders of the Department of Interior and Local Government (DILG).
“None of these exceptions are obtaining in the present case. Accordingly, the filing of [Garcia’s] Notice of Appeal within the prescribed 15-day period stays the execution of the appealed decision and resolutions of the Sangguniang Panlalawigan of Cebu,” he added.
In a press conference yesterday, Garcia said he will go to Dumanjug anytime this week.
However, lawyer Edgar Gica, the complainant’s counsel and father, said the A.O. does not apply to the present case.
“Disciplinary authority exercised by the Provincial Board and the Governor should not be stayed,” he said.
Gica is the father of Dumanjug Vice Mayor Efren Guntrano “Gungun” Gica, the complainant in the grave abuse of authority case against Garcia, who is now the acting mayor of the town.
Citing the Local Governemnt Code, Gica said the order cannot stay the execution of the decision of the Provincial Board and the governor. He said A.O. No. 22 only applies to appointed government officials in the executive department.
Gica said his party will file a pleading with the Office of the President asking for the correction of its “obvious” mistake in applying A.O. No. 22.
Governor Davide said the order doesn’t specify the resolution which he earlier signed.
“It referred to the resolutions of the SP (sanggunian). The order wasn’t directed at my resolution directing Mayor Garcia to comply with the suspension order of the SP,” he said.