Garcia files more complaints vs Gica, 2 others

Former Dumanjug mayor Nelson Gamaliel Garcia has filed before the Office of the Ombudsman complaints against Mayor Efren Guntrano Gica and two others in relation to the purchase of close circuit television (CCTV) system.

Aside from Gica, former municipal administrator Danilo Macoy and property custodian Visitacion Abelo are also facing gross misconduct, grave abuse of authority and for conduct unbecoming a public officer.

In February 2016, the Commission on Audit (COA) sent a Notice of Disallowance (ND) to Garcia regarding the payment to M& J Auto ID Corporation for the supply of CCTV system in the amount of 1,026,632.72.

The ND stated that the purchase of the uninstalled items amounting to P198,560 was disallowed in audit.

Gica, who was vice mayor and acting mayor at the time of the purchase was determined by COA to be liable for the transaction.

He signed the purchase order and certified that the payment was in accordance with law and regulation. The supplier was also found liable for delivering and installing the items.

Macoy was found liable for accepting the items while Abelo was found liable for inspecting, verifying, and for finding okay as to the quantity and specification of the delivered and installed items.

In the Notice of Finality of Decision issued by COA on May 25, 2018, the respondents were informed that the ND had become final and executory as there was no appeal filed within the reglementary period.

Garcia said that to date and despite the Notice of Finality of Decision, the amount of P198,560 remains unpaid.

The Office of the Ombudsman earlier dismissed Gica from public office after he was found guilty of serious dishonesty and grave misconduct for allegedly falsifying a liquidation report.

Gica filed a petition for review with the Court of Appeals which reversed the decision of the Ombudsman.

Garcia, as complainant in the case against Gica, filed a motion for reconsideration of the decision of the CA citing Section 4 of the Rule 52 of the Revised Rules of Court.

However, Gica has already assumed office without waiting for the finality of the decision of the CA prompting Garcia to ask the Department of Interior and Local Government (DILG) to act on the usurpation of authority and an apparent abandonment of duty which occurred in the municipality. —