Sun.Star Cebu

PB committee junks town mayor’s appeal against grave abuse of authority case

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THE Provincial Board (PB) committee on complaints and investigat­ion turned down the motion for reconsider­ation filed by Mayor Nelson Garcia of Dumanjug town in relation to the grave abuse of authority case filed by Vice Mayor Efren Guntrano Gica.

Garcia filed the motion for reconsider­ation after the PB denied the demurrer to evidence, pending an appeal that he forwarded to the Office of the President.

In an order dated Oct. 15, the committee denied Garcia’s motion, citing lack of merit and “his continued non-appearance and non-presentati­on of evidence despite the numerous chances afforded by this committee.”

The order was signed by committee chairman and PB Member Arleigh Jay Si- toy and the members.

The order also pointed out that the case filed by Gica “is now deemed submitted for decision.”

Gica filed the administra­tive case after Garcia allegedly usurped his power by appointing a municipal secretary.

Sought for comment, Garcia said the PB, especially the committee, should have respected and waited for the decision of the Office of the President.

“Mura ma’g ila ning gidali man gud (It seems that the PB is in a hurry),” said Garcia.

According to the order, Gica filed an opposition on Oct. 13 and said that the motion for reconsider­ation filed by Garcia is “dilatory and that the same was filed only on Oct. 9, or just a day before the scheduled reception of evidence of the respondent on Oct. 10.”

Last Oct. 2, the committee sent an order to Garcia that warned him about his continued failure to present evidence. The order also informed him that “no further postponeme­nts or delays shall be entertaine­d by the committee.”

“Considerin­g the foregoing, this committee finds no merit to the respondent’s motion for reconsider­ation dated Oct. 8, 2014. The respondent had failed to advance arguments, or cite provision of laws or jurisprude­nce, which would call for the reversal or modificati­on of the order dated Oct. 2, 2014,” a part of the order read.

Garcia said he is still waiting for the response of the Office of the President before he will present his evidence.

He said the PB did not even take action on the administra­tive cases he filed against Gica.

“What happened to my case against the vice mayor? Wa man lagi nila aksyoni (The PB did not take any action on it). They should maintain their stature of being fair,” he said.

In a separate interview, Gica said it’s time for the PB to decide on the case he filed because the delivery of basic services in Dumanjug has already been affected.

“Mura niya’g giduwaan ang members sa committee ug PB. Akong tanaw di gyud siya mopresenta­r sa iyang ebidensya (It seems that he’s playing games with the committee and PB. I think he will not present his evidence),” he said.

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