Quantcast
Latest Stories

Palace asks court to reject Gwen Garcia’s TRO plea


Gwen Garcia. JUNJIE MENDOZA / CDN

MANILA, Philippines—Saying that President Benigno Aquino III did not violate any law in ordering Cebu Gov. Gwendolyn Garcia suspended, the Office of the Solicitor General (OSG) formally opposed Garcia’s petition to stop her suspension in the Court of Appeals.

In a 29-page petition dated Dec. 27, Solicitor General Francis Jardeleza said the embattled governor’s petition should be denied for lack of merit as she had “failed to demonstrate that there was a flagrant abuse of the exercise of the power of suspension” by the Office of the President.

The OSG said under Sections 67 and 68 of the Local Government Code of 1991, the decision of the Office of the President in administrative cases is final and executory and an appeal does not prevent the decision from becoming final and executory.

The solicitor general countered Garcia’s argument that the administrative complaint against her should have been dismissed in view of the death of complainant Vice Gov. Gregorio Sanchez Jr.

Jardeleza, quoting two Supreme Court decisions issued in 2005 and 2009, explained that in administrative cases, the death of a complainant does not automatically extinguish the case against a respondent.

“In this class of proceedings, the complainant is only treated as a witness,” said Jardeleza.

“Once an administrative complaint is given due course, the government becomes the real aggrieved party and the complainant’s death will not exonerate the public official of administrative charges,” he added.

The OSG said Garcia also “misread” another 2005 Supreme Court ruling which she cited in supporting her claim that the vice governor did not have the authority to appoint.

The OSG said the Office of the President and the Department of the Interior and Local Government found that Garcia signed the appointment papers of contractual employees for the vice governor’s office in 2010 and charged their salaries to the budget allocation for the vice governor’s office.

The budget for the contractual employees was removed in 2011 for “unknown reasons” but was restored after Sanchez’s death.

“This evokes malice and bad faith,” said Jardeleza. He said the budget reduction came after Sanchez left Garcia’s political party which “lends itself to the belief that a scheme to restrict the functions of the [vice governor] was employed.”

“This counters the very purpose of the Local Government Code which is to distribute power among elective local officials, allow a check and balance,” said the OSG.

The OSG also countered Garcia’s claim that she had not yet received the suspension order, saying it was posted on the door of Garcia’s office.


Follow Us

Follow us on Facebook Follow on Twitter Follow on Twitter


Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: Cebu , Court of Appeals , francis jardeleza , Governor Gwen Garcia , Gwendolyn Garcia , local government , Office of the Solicitor General , OSG , Philippine politics




Copyright © 2014, .
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement
  1. Senator’s kickback from pork bigger than those of Enrile, Estrada, Revilla – Lacson
  2. 12 senators on Napoles ‘pork’ list, says Lacson
  3. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
  4. Sandigan junks Marcos family claim to Paoay property
  5. Delfin Lee: Blame Pag-Ibig, not me
  6. Cedric Lee’s cohort flies out of PH despite look-out order – De Lima
  7. San Juan cops fail to arrest Cedric Lee
  8. Maid confesses in killing of 2 and stabbing of employer in Laguna
  9. More ‘Yolanda’ bodies found
  10. Vitangcol to sue Czech envoy
  1. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
  2. Gigi Reyes pins blame on aide
  3. Estrada: Gigi Reyes won’t testify vs JPE
  4. Bernice Lee arrested by NBI team
  5. Enrile chief aide back in PH ‘to face charges’
  6. ‘No real progress in PH if dynasties not dismantled’
  7. Suspect in Vhong Navarro’s mauling wants to turn state witness – De Lima
  8. Reckless driver endangered lives of Aquino, entourage–report
  9. More legal woes for Cedric Lee
  10. Henares on Pacquiao bashing: I did not start this
  1. KL confirms Malaysian Airlines Flight MH370 ended in Indian Ocean
  2. MRT passengers pass the hat for 6-year-old Ashley
  3. Rookie, lady cops lauded for quick response to MOA heist
  4. Malaysia averts another air tragedy; pilot lands troubled plane safely
  5. Revilla says he was joking; Lacson stands by his story
  6. Revilla ‘consulted’ Lacson on how he evaded arrest
  7. Cudia, dismissed for lying, got 99% in conduct
  8. Kim Henares needs a reprimand, says Cayetano
  9. Hammer-wielding robbers cause chaos at Philippines’ Mall of Asia
  10. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
Advertisement

News

  • Russia not abiding by agreement on Ukraine—Obama
  • Magnitude 6.7 quake off British Columbia coast
  • Blue ribbon committee not yet recalling Napoles
  • Ex-church leader nabbed for selling drugs
  • Camilla’s brother dies in US after head injury
  • Sports

  • Benzema guides Madrid to 1-0 win over Bayern
  • Suns’ Goran Dragic win NBA’s Most Improved Player award
  • Heat go up 2-0, hold off Bobcats 101-97
  • Ronaldo shakes off injury fears to play Bayern
  • Mavs roll past Spurs 113-92, even series at 1-1
  • Lifestyle

  • Photos explore dynamics of youths’ sexual identity
  • 12th Philippine Food Expo set at the World Trade Center
  • No tourist draw, Malang the croc will remain wild
  • The best flavors of summer in one bite, and more
  • Homemade yogurt, bread blended with pizza, even ramen
  • Entertainment

  • Has Ai Ai fallen deeply with ‘sireno?’
  • Sony developing live-action Barbie comedy
  • California court won’t review Jackson doctor case
  • Return of ‘Ibong Adarna’
  • Practical Phytos plans his future
  • Business

  • Facebook profits triple as mobile soars
  • Insular Honors Sales Performers at Testimonial Rites
  • Apple increases stock buyback, will split stock
  • Cost-recovery provisions for affected gencos urged
  • This time, BIR goes after florists
  • Technology

  • Top Traits of Digital Marketers
  • No truth to viral no-visa ‘chronicles’
  • ‘Unlimited’ Internet promos not really limitless; lawmakers call for probe
  • Viber releases new design for iPhone, comes to Blackberry 10 for the first time
  • Engineers create a world of difference
  • Opinion

  • Editorial cartoon, April 24, 2014
  • Talking to Janet
  • Respite
  • Bucket list
  • JPII in 1981: walking a tightrope
  • Global Nation

  • Filipinos in Middle East urged to get clearance before returning
  • PH seeks ‘clearer assurance’ from US
  • China and rivals sign naval pact to ease maritime tensions
  • What Went Before: Manila bus hostage crisis
  • Obama arrives in Tokyo, first stop of 4-nation tour
  • Marketplace
    Advertisement