Ombud rules vs. Garcia, others
Former Dumanjug officials were found guilty of grave misconduct, barred from public office
THE Office of the Ombudsman-Visayas found former Dumanjug mayor Nelson Garcia and six other former town officials guilty of grave misconduct for their “stubborn” refusal to recognize the appointment of a town council secretary in 2013.
Ombudsman Conchita Carpio-Morales approved the decision of Kristine Suzanne Fineza, graft investigation and prosecution officer, finding Garcia and six other officials liable.
The dismissed town officials are former councilors Ricardo Boquecosa, Ricardo Condes, Eliezer Amadora, Miriam Llaño, Antonio Garcia, and Emmylou Cabonilas, the former town council secretary.
Since the respondents are no longer in service, the anti-graft office canceled their civil service eligibility and barred them from working again in government.
The case stemmed from the complaint for grave misconduct, grave abuse of authority and dishonesty filed by Dumanjug Mayor Efren Gica and Councilor Joshua Dacumos against Garcia and six other former town officials.
The respondents allegedly usurped the power of Gica, then the town’s vice mayor, after Garcia appointed Cabonilas as the new Sangguniang Bayan (SB) secretary last June 25, 2013.
Cabonilas was then the town’s information officer.
Gica appointed Nerio Aquino to be the SB secretary, but Cabonilas did not step down from her post.
Gica said Garcia’s abuses were committed in conspiracy with the respon- dents.
Gica said they’ve not conducted four consecutive sessions because they failed to attain a quorum after these councilors stopped attending their regular sessions.
The mayor pointed out that these councilors refused to recognize Aquino as the SB secretary and instead recognized Cabonilas.
Notice
Based on the complaint, Cabonilas sent notices to the councilors to hold special sessions on Oct. 11 and another on Nov. 21, 2013 on Garcia’s advice.
Gica said sending notices for a special session is the duty of the vice mayor since he is the presiding officer of the SB.
He said the five former councilors have only attended one regular session in October and one in November since Aquino began serving as the SB secretary and he as presiding officer.
Gica said the five councilors showed up at a special where Boquecosa assumed as the presiding officer.
Gica pointed out their actions amounted to grave abuse of authority and oppression.
Replying to the charges, the respondents said Gica illegally appointed Aquino and refused to certify ordinances and resolution prepared by Cabonilas.
In the decision, graft investigator Fineza said the respondents could be held liable of grave misconduct for their “stubborn refusal” to recognize Aquino’s appointment as town council secretary.
Politics
When called through telephone, Garcia told reporters that he has not yet received the ombudsman order. He said he will answer it as soon as he receives it. He did not say what will be his next move.
Garcia also maintained his earlier position, saying it’s the chief executive’s right to open a vacant position.
“Ug wa nako gi- open ang vacant position, nganong siya (Gica) man ang mo- open, wa man siyay katungod (why would he open it when he didn’t have the right),” Garcia told reporters in a phone interview.
Garcia also complained why the case, which he labeled “butang-butang,” was immediately resolved by the ombudsman.
“Ang iya hinuong kaso nga malversa- tion sa public funds, pila na ka tuig, wa gyud gilihok sa ombudsman (His malversation of public funds case, which had run for years, has not been resolved by the ombudsman),” he said.
The former mayor said this is clearly a case of politics.