MANILA, Philippines –
Outgoing Cebu Governor Gwendolyn Garcia asked the Sandiganbayan Second Division
on Wednesday, June 19, to junk a motion filed by the Office of the Ombudsman
seeking her suspension from office over charges of graft and malversation.
Garcia
– who is on her last term as provincial governor, and has just won as
congresswoman of the 3rd district – has just finished serving out a 6-month
suspension imposed on her in December 2012 by the Office of the President.
President
Benigno Aquino III held her guilty of grave abuse of authority for usurping the
power of the vice governor and hiring consultants without the approval of the
provincial board.
The
Ombudsman's motion for her suspension, meanwhile, was filed last June 5.
In
a 12-page opposition filed through her lawyers, Garcia disputed the
prosecution’s claim that she effectively admitted the validity of the
information against her when she underwent arraignment last March 22 and
submitted “not guilty” pleas.
The
governor was indicted on two counts of graft and one malversation charge in
connection with the purchase of the 24.92-hectare property known as the Balili
Estate for P98.93 million in 2008.
Prosecutors
said around 80% of the property were found to be submerged in water.
Named
co-defendants were Sangguniang Panlalawigan member Juan Bolo; Provincial Budget
Officer Emme Gingoyon; Provincial Appraisal Committee chairman and Provincial
Assessor Anthony Sususco; Provincial Treasurer Roy Salubre; and OIC Provincial
Engineer Eulogio B. Pelayre; and private defendants Romeo and Amparo Balili.
They
were accused of conspiracy in binding the provincial government in a “grossly
disadvantageous” transaction, causing it undue injury and unlawfully diverting
P49,849,200 from the province’s social services fund allocations to partly pay
for the land acquisition.
In
her opposition, Garcia pointed out that she made no admission on the validity
of the information and in fact filed a motion to quash dated May 21, 2013,
asking the court to dismiss the charges.
“It
is elementary that a Motion to Quash is filed precisely to question the
validity of the information. The prosecution’s claim that Governor Garcia has
admitted to the validity of the Informations is erroneous at best and, at
worst, a blatant misrepresentation,” the defense said.
In
addition, Garcia argued that the purpose of suspension of a public official has
already been accomplished by her recently concluded suspension for 6 months.
“It
simply makes no sense to suspend her at this time precisely because she has
already been prevented access to her Office that there is no other purpose for
the Prosecution’s Motion to Suspend than to further embarrass and harass
Governor Garcia. Such machinations are not only oppressive, they are cruel,”
the defense stressed. – Rappler.com
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