FIGHTING DISMISSAL

Ombudsman affirms its order to dismiss her, but Rep. Gwen Garcia will challenge it in the Court of Appeals Besides, only her peers in the Lower House can remove her, former and soon-to-be aspiring Cebu governor adds

Cebu Rep. Gwendolyn Garcia (Cebu, 3rd) plans to turn to the Court of Appeals and challenge Office of the Ombudsman’s decision affirming her dismissal from public service. That stemmed from the allegedly unauthorized P24.47-million contract to backfill the largely underwater Balili property in 2012.

Garcia told reporters yesterday that part of her appeal is to prevent the anti-graft office from implementing the dismissal order.

Kristine Suzanne Fineza, graft investigation and prosecution officer, denied for lack of merit Garcia’s motion for reconsideration.

“In fine, the basic issues to determine respondent’s administrative liability have been passed upon by this office in the decision and there is no good or cogent reason to modify or reverse the same,” reads Fineza’s order, which was approved by former ombudsman Conchita Carpio Morales.

The Ombudsman dismissed the former governor from service after she was found guilty of grave misconduct.

The dismissal order carries the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility and forfeiture of Garcia’s retirement benefits.

The Ombudsman has since directed Rep. Pantaleon Alvarez, long before his ouster as House speaker, to implement the dismissal order but he refused to do so.

Garcia said that being a member of Congress, only her peers have the power to remove her based on Administrative Order 7 or the Rules of Procedure for the Office of the Ombudsman.

Garcia believes that the Ombudsman’s denial of her motion for reconsideration is politically motivated.

She claims that former ombudsman Conchita Carpio-Morales and retired chief justice Hilario Davide Jr., who are close friends, have orchestrated the dismissal order against her.

Davide is the father of Cebu Gov. Hilario Davide III.

Garcia said that Davide wants her dismissed, especially since she has already announced her plans to run for governor again in next year’s elections.

Purchased on June 11, 2008, the 24.92-hectare Balili property in Tinaan, City of Naga worth P98.926 million was intended for the Provincial Government’s housing and seaport projects.

However, an inspection showed that 19.67 hectares of the property were submerged in water and not suitable for human settlement and the construction of an international seaport.

Local authorities had also discovered that 196,696 square meters of the property were underwater and part of a mangrove area.

In April 2012, the Provincial Government conducted a public bidding “for the supply and delivery of back-filling materials.”

Capitol later awarded the contract to Supreme ABF Construction.

But the anti-graft office said that Garcia had no authority from the Cebu Provincial Board when she entered into contracts with ABF Construction.

In denying her motion, the Ombudsman held the alleged offenses were committed by Garcia prior to the promulgation against former vice president Jejomar Binay and the Office of the Ombudsman in March 2017.

The Ombudsman said it has jurisdiction over Garcia since she committed the offenses when she was still governor and until the case was docketed on June 6, 2013.

“Respondent’s (Garcia) bad faith is reflected not only by her failure to seek an authorization fro Sangguniang Panlungsod prior to entering into a contract with ABF Construction,” the Ombudsman said.

Likewise, the Ombudsman denied that Garcia’s constitutional right to speedy disposition of her case was violated since she was not even placed under preventive suspension during the case investigation. /

Clearly, the respondent’s supplemental motion for reconsideration is a mere scrap of paper and should be denied outright. OFFICE OF THE OMBUDSMAN