Proxy war by daughters of top Cebu officials is closely watched

She wore her late father’s name “Greg” on her black T-shirt and carried his legal documents in her arms.

Although she didn’t say a word, yesterday’s administrative hearing was largely about her right to be there at all.

Businesswoman Grecylda “Gigi” Sanchez-Zaballero calmly brought out each document for marking by the hearing officer.

In the second day of the marathon hearing of a complaint for usurpation and abuse of authority filed against Cebu Gov. Gwendolyn Garcia by the late Vice Gov. Gregorio Sanchez Jr., the daughters of both opponents continued a proxy war over power shared on hostile terms in the Capitol.

Sanchez’s 40th day since his death was marked yesterday with a Mass at his graveside in Lapu-Lapu City then a pre-hearing conference at the Dept. of Interior and Local Government (DILG) regional office.

Garcia’s daughter and lead counsel, Christina Codilla-Frasco, insisted again that “Gigi,” a private citizen, had no legal standing to pursue the case after the vice governor passed away April 28.

“Even if the Aguinaldo Doctrine doesn’t apply,” said Frasco in an interview, “the complaint doesn’t have a leg to stand on.”

Under this legal doctrine set by a Supreme Court case, a public official who is reelected cannot be he held administratively liable or removed for misconduct done during his or her prior term.

Frasco said “the governor never usurped the authority of the vice governor” when budgets for his staff salaries and consultants were removed last year.

She said the governor had the authority to appoint all employees and officials of the Cebu provincial government except those specifically provided by law.

The DILG, on orders of the Office of the President, is investigating the complaint.

The late Sanchez had protested as illegal the slashing of the budget of the Office of the Vice Governor by 60 percent last year, non-renewal of contracts of his consultants and key staff, and other forms of alleged harassment by Garcia, who was reelected to a third term in 2010.

FRONT LINE

But the front line battle is waged now by their eldest daughters, a legal skirmish that is being closely watched for its political undertones as well as perceived attack on family honor.

Christina, 30, was appointed last week by her mother as Capitol consultant on “projects and programs institutionalization” for P1 a year.

She suddenly appeared the other day at the DILG hearing to enter her appearance as the governor’s lead counsel with two other Capitol lawyers. Her elder brother Paulo and his wife accompanied her.

Gigi Zaballero, who has blamed political opponents of her father for making his life “miserable” at the Capitol before he was diagnosed with lung cancer, brought relatives to the hearing as well, wearing “Cebu (heart) Vice Gov. Greg” T-shirts.

She acted as custodian of the Sanchez case records, handing out each document for marking as exhibits to assist family lawyer Oliveros Kintanar.

At times, Zaballero had to bring some documents to Frasco for examination. The two women were composed, but their eyes did not make contact.

The question of whether Zaballero can be the “complainant” in the case, in lieu of her late father, is one of the main legal issues both sides agree needs to be resolved.

The pre-hearing conference yesterday identified the key issues, exhibits and witnesses to be examined in the days ahead.

TELEGRAM

Sanchez’s camp put much weight on a May 23 telegram from the DILG central office addressed to “Gigi Sanchez.”

She was told to be ready with documentary evidence and sworn statements of her witnesses for the preliminary conference and formal investigation of Office of the President Case No. 10-K-504 “filed by your father” against Governor Garcia.

A similar telegram to attend the hearing was sent to Provincial lawyer Marino Martinquilla of the Capitol.

Kintanar, legal counsel of the complainant, said this was not a “mere” letter but a document that gives Sanchez’s daughter authority to pursue the case as his substitute.

Capitol lawyer Rory Jon Sepulveda, in a press conference, disagreed and emphasized that there was no document from Malacañang giving her authority as earlier reported.

All that was sent was a telegram to attend the hearing.

Kintanar, in the hearing, explained that he confused two documents when he first mentioned them the day before.

A Dec. 17, 2010, order from the Office of the President directs Governor Garcia to submit within 15 days her answer to the complaint of Sanchez dated Nov. 5, 2010, for Accroachment of Legislative Power and Grave Misconduct/Abuse of Authority.

FOUR WITNESSES

The hearing will resume at 2 p.m. today.

Parties agreed to end the preliminary conference and begin the formal investigation.

Sanchez’s camp will present four witnesses.

They are Zaballero, businessman Crisologo Saavedra, and Manuel Manuel and Ferliza Contratista who both worked as consultants for the deceased vice governor.

Kintanar and his two corroborating counsels, Myrna Limbaga and Ana Marie Militante, identified two issues.

One is to prove whether the respondent, Governor Garcia, is liable for misconduct.

The second issue is whether the administrative complaint should still subsist after Sanchez’s death.

On Garcia’s side, her daughter presented two other issues to be resolved.

One is whether Governor Garcia was still liable from the administrative complaints filed against her in view of the Aguinaldo Doctrine. The other is whether Garcia was given due process as she was not given copies of affidavits of employees, whose overtime was allegedly not approved.