Mayor dismissed
The Office of the Ombudsman in the Visayas has dismissed Dumanjug Mayor Efren “Gungun” Gica from service for allegedly tampering a restaurant receipt when he was still vice mayor three years ago.
The anti-graft office found Gica guilty of serious dishonesty and grave misconduct.
“Wherefore, finding Efren Guntrano Zozobrado Gica guilty of Serious Dishonesty and Grave Misconduct, he is meted the penalty of dismissal from the service with forfeiture of all benefits, perpetual disqualification to hold public office and cancellation of all civil service eligibilities,” reads the decision approved by Ombudsman Conchita Carpio Morales.
Incidentally, Gica is currently serving a suspension for another case in which he was accused of leading a raid in an operation without a search warrant.
In the tampering case, it was his political rival, Nelson Garcia, the former mayor of Dumanjug, who filed the case against him.
Garcia said Gica altered the amount in the receipt for the payment of meals for barangay officials who attended the seminar of the Association of Local Budget Officers (ALBO) in 2014.
Garcia said Gica made a cash advance of P50,000 for the meal budget and the liquidation report the latter submitted to the Municipal Accountant Office (MAO) indicated that P21,435 was spent for the meal at Ding Qua Qua Dimsum during the seminar.
However, a certified true copy of the original duplicate of the receipt that Garcia obtained showed only P11,435 was actually spent.
Garcia said Gica made it appear that the dinner was for 100 people when it was only for 39.
Garcia also questioned the dishes listed in the menu – rice, calamares, caldereta kanding, pork mechado, beef steak, and chicken menudo, among others – as many of these are reportedly not being served in a Chinese restaurant like Ding Qua Qua.
In his counter-affidavit, Gica said the P50,000 cash advance was spent at four different restaurants in different dates. The expenses reportedly totaled P21,435.
He also accused Garcia and the latter's alleged cohorts in the treasurer's office as the ones who "fabricated the charges as retaliatory suit" after he charged Garcia of usurpation of official functions.
RULING
However, the Ombudsman said Garcia was able to establish that the amount paid to the restaurant was only P11, 435 based on the 12 percent VAT amount on Ding Qua Qua's official receipt.
In contrast, the liquidation documents Gica submitted “refers only to one supplier, Ding Qua Qua Dimsum, and does not make mention of any other restaurant.”
“Respondent also falsified Ding Qua Qua OR No. 02583 by erasing and altering the number 1 in the ten thousand position and intercalating and superimposing the figure 2 in its place,” the decision reads.
"Complainant has sufficiently shown that the dinner during the ALBO seminar cost only P11,435. Hence the respondent should have returned the unspent amount of P38, 565 to the Municipal Treasurer" reads the decision,” the Ombudsman said.
Gica returned only P28,565, which has a deficiency of P10,000.
APPEAL
Gica's father and lawyer, Edgar Gica, said they will file a petition to have the ruling reviewed.
“We are actually filing a petition for review based on the Ombudsman ruling, as well as Rules of Court. We hope that we can get a TRO to stay the implementation of the reinforcement,” he told reporters yesterday.
He said his son will not vacate his seat as mayor.
“For as long as there is no finality of any resolution or decision by the Ombudsman and any court for that matter, Gungun will stick to the mandate that he received from his people in Dumanjug,” he said.
Gica, for his part, said he seem to have lost hope with the Ombudsman and will instead appeal his case with the court.
“Klaro man kaayo na nga ang iyang gi-file pag July 2014 was a criminal case unya ni-decide sila sa admin case so murag dako kaayo kahibulongan ba unya mura ko og nawagtangan og paglaom sa Ombudsman so ari na lang ko mangita og legal remedy sa Court of Appeals,” Gica said.