Davide, Magpale Sitoy sue Garcia
Cebu Vice Governor Agnes Magpale, gubernatorial candidate Hilario “Junjun” Davide III and Provincial Board Member Arleigh Jay Sitoy filed cases yesterday against Governor Gwendolyn Garcia over the alleged reclamation work at the Balili property in Tinaan, Naga City.
Davide filed criminal administrative complaints against Garcia and several Capitol officials before the Ombudsman around 9:30 a.m.
An hour later, Magpale and Sitoy also filed graft and malversation complaints before the anti-graft office.
Magpale also filed yesterday an administrative complaint against Gov. Garcia at the regional office of the Department of Interior and Local Government.
Governor Garcia earlier claimed the development works at the Balili property was legal.
She explained that there’s no need for approval from the Provincial Board subsequent developments on government properties as stated in the Local Government Code.
THE COMPLAINTS
In their complaint, Magpale and Sitoy asked Ombudsman Conchita CarpioMorales to suspend Garcia while the complaints were still pending for investigation.
“We pray for an early investigation hereof and the eventual dismissal of Governor Gwendolyn F. Garcia from the service. We also pray for her preventive suspension pending investigation hereof,” the complaint reads.
Magpale and Sitoy told reporters that the filing of the complaints was made after their inspection at the Balili Property on November 21.
They said Gov. Garcia “maliciously and unlawfully do some reclamation work on the area described as submerged in sea water and as mangrove area.”
They also questioned the funds financed for the alleged reclamation, claiming that Gov. Garcia was not authorized by the PB to spend government funds for the development.
“Governor Garcia, in her so-called restoration work has violated the anti-graft and corrupt practices act, more particularly Section 3(e) and (g) thereof,” they said in their complaint.
Magpale and Sitoy claimed that Garcia committed an obstruction of justice for allegedly tampering the physical evidence at the Balili property.
A case in relation to the controversial purchase of the property is still pending at the Sandiganbayan.
Davide filed criminal and administrative complaints against Gov. Garcia, provincial treasurer Roy Salubre, Supreme ABF Construction and Construction Supply Company president and general manager Bernabe Gilbor over the development at the Balili property.
The complaints alleged “violation of anti-graft case, grave abuse of authority, oppression, gross misconduct or conduct pre-judicial to the best interest of the service and for a violation of Republic Act 6713 or Code of Conduct and Ethical Standards for Public Officials and Employees.”
In his complaint, Davide said Gov. Garcia violated the law since the development works at the Balili Property have no authority from the PB. The development cost P27 million.
“As public servants, respondents Governor Garcia and Salubre are bound to faithfully observe the oath they solemnly took to support and defend the Constitution and to obey the laws they are strictly covered by RA 3019,” the complaint reads.
“The undertaking of the conversion project, the award of the contract therefore, and the payment to the contractor of the contract price are palpably unlawful, illegal wrongful, grossly improper and irregular,” it added.
COMMENT
Salubre said he will face the charges.
He said the release of the amount was due to the directives from the governor.
Engineer Adolfo Quirigo said the provincial government has fully paid the contractor.
He denied claims that no bidding took place.
“There was bidding... the winning bidder was the Supreme ABF Construction and Construction Supply Company,” he said.
DILG’S ACTION
DILG-7 Director Ananias Villacorta said that they will endorse the case to DILG Secretary Mar Roxas.
Roxas’ office is tasked by President Benigno Aquino to look into matters concerning governors and mayors of highly urbanized areas.
Villacorta said that it will be Roxas who will form a team to investigate the case.
Magpale and Sitoy, in their complaints, said they are hoping for an early investigation on Garcia and her dismissal from service.
They also requested for Garcia’s preventive suspension pending the investigation.
GARCIA’S SIDE
Gov. Garcia earlier denied claims that the budget for the development at the Balili property did not go through the board.
She showed annual budgets approved by the board that included those for site developments, infrastructure and developments of airports and seaports.
She said the budget for the Balili development was included in the approved budgets.
Gov. Garcia said that Magpale has knowledge of the proposals to use the Balili property as a seaport aside from being a landfill facility.
SHORT ON LAW
Davide is short on law and evidence and is forced to rely on intrigues and innuendos.
This was the reaction of third district Rep. Pablo John Garcia to the filing of charges against his sister.
Davide is running for governor under the Liberal Party against Rep. Garcia of One Cebu party.
“If you accuse, prove it,” said Rep. Garcia.
He also questioned Davide’s challenge for him and the governor to reveal their bank deposits.
“Why should we reveal bank deposits? To prove our innocence? This is pure and simple ignorance of the most elementary law that the burden of proof is on the accuser. I’m beginning to have serious doubts on his competence as a lawyer,” Rep. Garcia said.
Rep. Garcia said if Davide will reveal his bank accounts, he and the governor will also reveal their deposits.
He also questioned why Davide would deliver the copy of his complaint to Ombudsman Morales in Manila.
“What is in question here is the sharpness of his legal reasoning, not his unquestioned abilities as a messenger,” Rep. Garcia added.—/