Gwen asks CA to nullify ombud decision
SUSPENDED Gov. Gwendolyn Garcia has asked the Court of Appeals (CA) Cebu Station to declare as null the joint decision of the Office of the Ombudsman finding her and five former Capitol officials guilty of grave misconduct for the allegedly anomalous purchase of the Balili property.
Tranquil Salvador and Jomini Nazareno, lawyers of Garcia, filed the petition for certiorari with prayer for a temporary restraining order and writ of preliminary injunction asking the CA to stop the Office of the Special Prosecutors (OSP) from “further persecuting” the governor.
“(The ombudsman) has glaringly acted with capriciousness and arbitrariness in holding, and publicly announcing that Governor Garcia is administratively liable for grave misconduct despite having been exonerated by her reelection as governor of Cebu in 2010,” read the petition.
The CA’s Special 18th Division yesterday tackled Garcia’s petition. After the brief hearing, the petition was referred to the senior and junior members of the division, as required by the 2009 Internal Rules of the Court of Appeals.
CA Associate Justice Gabriel Ingles confirmed yesterday that Garcia’s lawyers withdrew the application for temporary restraining order and writ of preliminary injunction.
“We will treat the main petition after the respondent has filed a comment and the petitioner a reply,” Ingles told Sun. Star Cebu in a text message.
In July last year, Ombudsman Conchita Carpio-Morales charged Garcia before the Sandiganbayan with two counts of graft and technical malversation in relation to the Capitol’s purchase of a 24.92-hectare property in Tinaan, Naga City.
The governor pleaded not guilty to both cases during her arraignment on March 22.
Garcia asked the CA to issue an order setting aside the ombudsman’s joint decision for committing grave abuse of discretion and lack of jurisdiction.
The ombudsman allegedly committed grave abuse of discretion when it found Garcia guilty of misconduct without requiring her to file her counter-affidavit, therefore, violating her constitutional right to due process.
The ombudsman, the defense argued, also committed grave abuse of discretion when it failed to dismiss the grave misconduct charge.
Other respondents
The ombudsman also charged with one count of graft former Provincial Board Juan Bolo, Provincial Assessor Anthony Sususco, Provincial Treasurer Roy Salubre, and Provincial Engineer Eulogio Pelayre, who were all members of the Provincial Appraisal Committee; and Provincial Budget Officer Emme Gingoyon.
The ombudsman also indicted lot owner Amparo Balili and Romeo Balili, the estate’s executor.
In February, Morales declared the public respondents administratively liable of grave misconduct, saying the lot buy was “grossly and manifestly disadvantageous to the government.”
Excluding Governor Garcia, Ombudsman Morales dismissed the respondents from the service and forfeited all their benefits.
Garcia escaped administrative liability since her reelection in 2010 mooted the penalty under the Aguinaldo Doctrine.
The penalty imposed on Bolo, who allegedly broached the idea of buying the Balili lot to Garcia, was also rendered moot since he is no longer in the government.
The Province bought the Balili lot for P99.6 million and paid P98.9 million. The ombudsman learned that a big portion of the lot is submerged.