Sandiganbayan orders arrest warrant, waits for her to explain absence
Suspended Gov. Gwen Garcia was a no-show yesterday in her scheduled arraignment in Manila on graft charges before the Sandiganbayan Second Division in relation to the P98.9 million Balili land purchase.
If she doesn’t satisfactorily explain her absence today, she risks being placed under arrest.
Her principal lawyer Tranquil Salvador III promised the graft court he would bring Garcia on Friday.
He said Garcia was not available yesterday because she was the graduation speaker in a public elementary school in Cebu and had other prior commitments.
This didn’t stop Associate Justice Teresita Diaz Baldos from ordering the issuance of another arrest warrant against Garcia for her failure to appear and the confiscation of the P90,000 bail bond for her first arrest warrant issued last year after charges were filed.
THREE OTHERS GRANTED
In contrast, the judge accepted the request of three other respondents to defer their arraignment to May.
During arraignment, an accused must personally appear in open court and enter a plea of guilty or not guilty. This stage starts the process of a criminal trial.
After arraignment, the Sandiganbayan may also consider issuing an order of preventive suspension if evidence of guilt is strong or there is a proven risk that evidence would be tampered or witnesses would be intimidated.
Justice Baldos said Garcia has to explain her absence when she appears today but maintained that the processing of the arrest warrant will continue, and that the court will decide on this day whether the order will be revoked.
Garcia is facing two counts of graft and one count of technical malversation of funds for the questionable purchase of the Balili property in Naga by the Cebu provincial government in 2008.
Most of the 24.7 hectares of coastal land in barangay Tinaan, Naga was found to be mostly underwater or classified as timberland.
Five other Capitol officials and the private land owners Amaparo and Romeo Balili are also respondents.
Only the Balilis and provincial budget officer Emme Gingoyon were arraigned in court yesterday. The three entered a plea of “not guilty” on the charge of illegal use of public funds.
The court granted the request of three others to defer their arraignment date.
The Sandiganbayan set a schedule in May for the arraignment of provincial treasurer Roy Salubre, retired provincial assessor Anthony Susuco, and provincial engineer Eulogio Pelayre.
Former Provincial Board Member Juan Bolo, who was implicated as the one who pushed the 2008 sale and facilitated its payment, told Cebu Daily News he has a pending motion to quash the complaint and defer arraignment so his date hasn’t been set yet.
Garcia’s Manila-based lawyer, Salvador, told ABS-CBN that they had asked the Sandiganbayan 10 days earlier to defer her arraignment date.
Their request was denied, and they followed up with a motion for reconsideration, which was also turned down.
CAMPAIGN EVENTS
Yesterday he read aloud in court a letter of Garcia explaining her prior commitments in Cebu — a graduation in Ginatilan Elementary School in Balamban, the blessing of a congressional headquarters in Argao town, and an assembly of barangay officials in Asturias town.
All three campaign-related events took place in the 3rd district where Garcia is running for a congress seat. The post is currently held by her brother Rep. Pablo John Garcia, who is running for governor in May.
Garcia’s daughter Crhistina Frasco who attended the Manila hearing, which lasted 30 minutes, told CDN these events were already set before the March 21 court date.
“Therefore, with all due respect to the court, she simply could not cancel these prior engagements. But she respects the court’s proceedings and that is why she has committed to appear before the court tomorrow (March 22).”
She emphasized that the Sandiganbayan has not yet issued yet an actual arrest warrant, but an order to to issue one.
“So it is inaccurate to say that Governor Garcia has been ordered arrested.”
HOLD DEPARTURE
In January, the Sandiganbayan dismissed the bid of Garcia to lift three hold departure orders issued against her in connection with the graft case.
In her defense, 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.
In December 19, 2012, Garcia was suspended for six months by the Office of the President as penalty in an administrative case for grave abuses of discretion in usurping functions of the late Vice Gov. Gregorio Sanchez Jr. , whose office budget was severely slashed and appointed consultants rejected.
Garcia defied the order, and holed up in her Capitol office four four weeks, refusing to leave the building over Christmas and the New Year, except for brief appearances in two rallies in front of the Capitol and the opportunity to dance on stage in the Sinulog grand finale.
When she stepped out mid January to visit Oslob town, her office was locked up on orders of acting Gov. Agnes Magaple and Garcia was unable to return.
EXPLAIN WELL
Deputy Ombudsman for the Visayas Pelagio Apostol yesterday said Garcia has to explain her asence to the court.
“She should explain so that the order to arrest her will be set aside by the court. If she won’t be able to justify her absence, she shall serve the penalty,” Apostol told Cebu Daily News.
He, however, said that the court would usually recall its order to issue a warrant of arrest as soon as the accused appears.
Once Garcia will be arraigned, Apostol said the Office of the Special Prosecutor (OSP) will request the Sandiganbayan to issue a preventive suspension order against Garcia which can run for up to six months.
“It’s up to the discretion of the Sandiganbayan whether or not to issue the order.”
Environmental groups were the first to question the land classification of the Balili properties after they raised alarm over plans of the Capitol to to use the estate to dump coal ash waste from power plants as a paid service.
In Aug. 14, 2009, the governor called a press conference and made a public apology for what she called a “fiasco” in the Balili land purchase. She said she was misled about the circumstances of the property purchase by former PB Member Bolo .
Nevertheless, the governor said the Province would continue with its plan to develop the Balili land into an international port and a coal ash storage area as part of its agreement with Korean power producer Kepco-Salcon.
She said the fishponds and wetlands could be reclaimed and titled in the name of the Province of Cebu. /Reporter ADOR VINCENT S. MAYOL
