Garcia: Gica can’t be saved by Aguinaldo condonation

DUMANJUG MAYORALTY BATTLE

The Aguinaldo Doctrine which condones administrative offenses of elective officials, should not be made the basis to reverse the decision of the Office of the Ombudsman finding Dumanjug Mayor Efren Gica guilty of Serious Dishonesty and Grave Misconduct and sentenced him to dismissal from service and perpetual disqualification from public office.

In a Motion for Reconsideration filed by Gica’s political enemy, former Dumanjug Mayor Nelson Garcia, the latter said the Aguinaldo Condonation doctrine had been effectively abandoned by the Supreme Court in November, 2015, while Gica’s election as mayor was in 2016.

“The plain and simple logic and effect of the abandonment of the doctrine is that after Nov. 10, 2015, a reelection is no longer a condonation of the guilt of an elective official for acts committed during his preceding term. Otherwise, if there is still condonation, such Decision of the Supreme Court would be meaningless and without force and effect. That Decision became the law of the land as of Nov. 10, 2015,” Garcia said in his Motion for Reconsideration.

The acts complained of were committed supposedly in 2014, when Gica was vice mayor.

The anti-graft body ordered the dismissal of Gica in 2017.

Garcia, pointed out that Gica was re-elected in May 2016, six months after the doctrine was abandoned by the SC.

“The election was 2016, how can we say nga gipasaylo siya nga wala na may (that he was forgiven when there is no) condonation?” Garcia said in an interview with Cebu Daily News.

During the May 2016 election, Gica won the mayoralty seat with around 15 thousand votes as opposed to Garcia who garnered only about with only about 10 thousand.

“Mi-file ko og motion for reconsideration naghinaut ko nga makamata sila nga nasayop sila (hoping that they will wake-up from their mistakes),” said Garcia.

Gica, for his part, said he will await the resolution of the MR filed by Garcia.

“Huwaton lang nako ang result sa MR. Pwede pud unta siya mangayo og TRO (temporary restraining order) sa SC og dili siya ganahan nga ako makalingkod. Ako lang iampo nga makakuha siya og favorable decision sa CA para makadagan siya balik sa 2019 (referring to another case against Garcia, who was also meted perpetual disqualification from public office. The case is now under appeal with the CA). Ako lang siya paaboton,” he said in a text message to CDN.

(I will wait for the result of MR. He could have asked for a TRO from SC if he does not want me to sit as mayor. I will just pray that he will get a favorable decision from CA so he could run again in 2019 election. I will just wait for him).

Garcia has also threatened Gica with charges of usurpation of authority and falsification of documents, emphasizing that Gica has “no authority” to act as the mayor after being dismissed.
“He cannot be mayor yet because he has to wait for the CA and the Supreme Court,” said Garcia.

Garcia also threatened to file charges of abandonment of office against vice mayor Rainero Asentista and first councilor Cesar Baricuatro who became the acting mayor and vice mayor, respectively, when Gica was dismissed from service.