PB acted on withdrawn complaint versus Gica

The Cebu Provincial Board has acted on the administrative complaint against dismissed Dumanjug mayor Efren Guntrano “Gun-gun” Gica which was already withdrawn by the complainant, former mayor Nelson Gamaliel Garcia.

This is the claim of Garcia’s father, former congressman Pablo Garcia, contrary to the claim of Gica’s father, Atty. Edgar Gica, that the same case was filed before the Office of the Ombudsman, which was forum-shopping.

Garcia said that the SP had interfered with the anti-graft court when it dismissed the administrative complaint over the alleged falsification of a restaurant official receipt.

But Gica said otherwise that Garcia’s statement “can be taken as senile wisdom.”

“Under the facts and circumstances, obtaining it is the other way around – the Ombudsman is the one interfering with the SP who had taken primary administrative jurisdiction over the case,” Gica said.

The administrative complaint for dishonesty and misconduct involving moral turpitude against Efren was filed by Nelson on July 21, 2014.

Nelson, on April 6, 2015, filed before the SP Secretary a manifestation for withdrawal of complaint saying that the SP Committee on Complaints and Investigation “has deliberately and inexplicably refused to take any action on the case.”

Gica explained that the withdrawal cannot be legally sustained if indeed made because it was not allowed and in administrative cases, the withdrawal of the complainant is against the law, public policy and public morals by reason of the fact that public interest must prevail and the complainant is a mere witness to initiate the case against the erring public elected official.

Prior to the withdrawal, the Office of the Ombudsman, in a letter dated January 30, 2015, asked Nelson to submit an administrative complaint in addition to the criminal complaint which he earlier filed.

The case stemmed from Gica’s alleged tampering with a restaurant receipt to bloat the amount to P21,435 from P11,435 when he was still vice mayor in 2014.

He allegedly falsified his liquidation report and other supporting documents to conceal the misappropriation of P10,000 in public funds.

The Office of the Ombudsman in the Visayas found Gica guilty of serious dishonesty and grave misconduct and he was 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.

Gica questioned before the Court of Appeals the Ombudsman's Resolutions dated October 18, 2016 and July 27, 2017 dismissing Gun-gun as mayor.

Nelson, on July 25, 2017, again filed a motion or manifestation before the SP, praying that the case be considered withdrawn by the complainant.

Last week however, the SP ruled in favor of Efren dismissing the subject complaint due to lack of merit.

But Garcia said the ruling has no legal effect since it was only a SP resolution and not a decision unless it is signed by the majority of the members.

“Convicted na sa Ombudsman, nothing to investigate sa SP kay withdrawn na, unsa molabaw sila sa Ombudsman?” Garcia said.

At present, Rene Asentista sits as the mayor of Dumanjug.—Gregg

Rubio/MBG

M.