“We are ready to fight all the way to the Supreme Court.”
Gwendolyn Garcia’s Manila-based lawyer made this statement yesterday as he laid down their legal options ahead of the possible release anytime this week of the decision of the 12th division of the Court of Appeals.
Garcia’s lead counsel, Tranquil Salvador III, said elevating their petition for a temporary restraining order (TRO) to the Supreme Court is an option available to them if the CA rules against their petition to stop the Office of the President from suspending Garcia for six months.
Garcia, meantime, remained undecided about her wish to dance in the Sinulog parade on Sunday, a ritual she’s done, leading the province’s Sinulog contingent for the past eight years.
She told reporters she would announce her decision on Monday, but yesterday she said was not yet ready to say.
“There is always the risk that I will not be able to come back here especially with the pronouncement of (Acting Gov. Agnes) Magpale when she said that I will gracefully exit. We are taking note of their pronouncements,” said Garcia.
Last week Magpale,who was asked by reporters if she would allow the suspended governor to dance in the festival and lead the province’s contingent, replied “Not as governor but maybe as a devotee.. Of course, she can gracefuly dance her way out… she can come back if she wants.”
Garcia yesterday said she didn’t trust these statements.
“Right now, I am carefully considering all options. As far as her unreliable and inconsistent statements are concerned, I don’t think my decision should be based on such unworthiness.”
If ever she decides to join the Sinulog’s finale on stage in the Cebu City Sports Center, Garcia said she would have to select from previous gowns she had used in the last eight years. Some of them are on display in a gallery in the Capitol.
Cebu Archbishop Jose Palma made his third visit to Garcia at her office on Sunday but kept their conversation confidential. He told reporters later he “thanked” Garcia for her support for the church on the occasion of his second anniversary as archbishop. He also asked for prayers for a “peaceful and just” resolution of the Capitol impasse especially because “Para sa akin kasi lalo na sa celebration of the feast of the Sto. Nino, it doesn’t appear well that people are coming to rejoice and yet many of the Cebuanos really feel sad because of this situation.”
Irreparable injury
The CA last week heard oral arguments on Garcia’s petition for a TRO and is expected to hand down its verdict anytime.
In yesterday’s news conference at the Capitol, Garcia’s daughter, Christina Codilla-Frasco, also fielded questions from reporters as Salvador distributed copies of their manifestation before the CA insisting that “damage to Gov. Garcia’s reputation is irreparable”.
He explained that the “irreparable injury” that he was referring to in their TRO petition includes critical write ups in newspapers that are damaging the governor’s reputation. “The reputation of a public officer is very important above the monthly salary they receive,” Salvador said.
Another injury that Garcia could face is the possibility that she’ll not be able to reassume her post once her six month suspension expires.
“Wala po sa batas natin na ma-suspend ka or matanggal ka at later on the court says that’s invalid… Goodbye and sorry. We could be wrong,” he said.
“Unlike an employee who can be reinstated and be placed in a situation as they were before. Isn’t that irreparable injury? What is irreparable for them? The government? The disciplining authority? Mababago po ba yun kapag may TRO?” he asked.
Frasco, who is also a member of her mother’s legal team, said they remain “positive” that the CA will grant a TRO.
Frasco reiterated that Garcia is willing to face the CA’s decision “head on”.
She also warned that using force to remove Garcia from her office would do more harm than good.
“As the governor has said, they will have to break down the door. They will have to physically take her and that I think will not sit well with the Cebuanos or with the Filipinos,” she said.
Frasco said her mother will stay at the Capitol and continue to “stand for what is right”.
“Staying here is not about having the grace or humility to step down, it is about having the courage to stand up for what is right,” she said and stand up for Cebuanos who voted for her in three elections.
“ It is the people who have come to the Capitol to hear her message that she will fight for them and she will continue to fight for them,” she added.
“She continues to hope here, in the seat of power, here in the provincial Capitol,” she said.
Garcia,who ends her final term as governor on June 30, is a candidate for congress in Cebu’s 3rd district while her brother Rep. Pablo John Garcia is running for governor.
Her stay-in protest, which marked its 27th day yesterday, prevents her from campaigning in the towns.
Frasco said she is willing to campaign for her mother if the court will not grant her TRO petition. /Carmel Loise Matus, Correspondent