Gwen Garcia a no-show at Sandigan; new arrest warrant out

Suspended Cebu Gov Gwen Garcia CDN PHOTO

MANILA, Philippines–Associate Justice Teresita Diaz Baldos of Sandiganbayan Second Division ordered the issuance of another arrest warrant Thursday against suspended Cebu Governor Gwendolyn Garcia for failure to attend the scheduled arraignment of her graft case.

Garcia is facing a graft case stemming from the questionable purchase of the Balili property in Naga worth P98 million.

Baldos also ordered Garcia’s P90,000 bail confiscated.

Garcia’s lead lawyer, Attorney Tranquil Salvador, said his client did not attend the arraignment due to a speaking engagement at a graduation ceremony in Cebu. Garcia’s daughter, Christina Garcia-Frasco, was present.

A letter from Garcia read before the court said that she promises to show up before Baldos’ court for the arraignment Friday.

When Garcia appears, Baldos said she will be made to explain why she was absent, but maintained the processing of the arrest warrant will continue. The court will decide Friday whether the order should be revoked.

The arraignment was originally scheduled for March 12. However, the defense told Sandiganbayan that they filed a petition for certiorari before the Supreme Court on March 4, noting that the high court must be given 10 days, or until March 14 to review the case.

The appeal was approved and the arraignment was moved Thursday. Garcia sought for another deferment, but was denied by the Sandiganbayan.

Salvador once again sought for reconsideration from the court, but Baldos said the reconsideration was a “mere rehash of the motion to defer.”

Moreover, Baldos said “the motion for reconsideration should not be given as excuse for not being in court.”

Speaking to reporters after the court procedure, Salvador said: “We only received the order [denying the deferment] evening of the day before. We prepared our motion [for reconsideration] in less than 24 hours yesterday (Thursday) and are hoping that the public prosecutors will be reasonable enough, but as they say that’s the reality of a fight.”

Despite this, Tranquil said their camp is not worried as he thinks that the order will not be implemented anyway since Garcia will already be showing up.

“Definitely, if she appears tomorrow, that will be immaterial. [We] are not really worried . . . this is just a step in a process,” Tranquil said, noting Baldos’ statement that they just have to follow the due process.

In January, the Sandiganbayan dismissed the bid of Garcia to lift the three hold departure orders issued against her in connection with the graft case.

Garcia’s case involved the illegal use of public funds for the Cebu provincial government’s purchase of 24.7 hectares of beachfront property now being developed as a coal ash waste landfill. The purchase price was P98.9 million. Garcia, denied that there was anything anomalous in the land purchase, maintaining she was “not aware” the property was under water because she relied on the report of the Provincial Appraisal Committee, which omitted a technical report that described the coastal property as having almost 20 hectares of the 24.7 hectares under water.

The same case is subject of an administrative case where she was meted six months suspension prompting her to hole up at the Cebu Provincial Capitol and sought help before the Court of Appeals.

Meanwhile, co-accused Romeo Balili, entered a “not guilty” plea, while Provincial Budget Officer Emme Gingoyon refused to enter his plea.