CEBU Gov. Hilario Davide III rejected the request of suspended Dumanjug Mayor Nelson Garcia
who wants to resume his post today.
Davide said he cannot order acting Mayor Efren Gica to yield the post which Garcia insists is
covered by an order of the Office of the President pending review of his case.
Davide rejected the mayor’s request which was based on the strength of the “machine order”
which Garcia attached to the June 25 letter from the Office of the President allegedly
confirming the stay of his six-month suspension.
“With much regret I cannot accede to your request,” the governor wrote on July 4.
Granting that the letter was signed by Menardo Guevarra, Deputy Secretary for Legal Affairs of
the Office of the President, Davide said the letter didn’t order him to recall or set aside the
suspension imposed on Garcia.
“The order merely confirms the suspension/stay of execution pending appeal of the notice of the
decision dated March 19, 2015 and the resolution” of the Provincial Board recommending the
mayor’s suspension.
Davide also wondered why the order signed by Guevarra had no bar code which he said is the
standard practice and procedure for all official communications coming from the Office of the
President.
“Furthermore in my view the June 25 order is not yet final and executory even assuming the same
was validly issued. The (mayor) may still file a motion for reconsideration of said order if he
so desires,” the governor said.
Mayor Garcia was suspended for six months for grave abuse of authority after he bypassed the
Dumanjug municipal council by appointing its secretary.
Garcia appealed the governor’s decision to suspend him after being served the order last May 4.
The lawyer of acting Mayor Efren Gica, his father Edgar Gica, said they will file a pleading
with the Office of the President in relation to the case.
Mayor Garcia, who said he will reassume his post this week, stayed out of the municipal hall
but had instructed department heads and banks not to honor Gica’s orders and signatures.
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