Ombud rejects petition for Gwen’s suspension

Cebu Gov. Gwendolyn Garcia has something to smile about yesterday.

In a press conference held yesterday, the governor’s daughter and point person Christina Garcia-Frasco read two separate orders from the Ombudsman that denied a request for a suspension order on her pending their inquiry into the Balili property purchase case.

In their orders, the anti-graft office denied the request of businessman Crisologo Saavedra and Manuel Manuel to issue a preventive suspension order against Garcia, four incumbent board members and seven former board members in relation to the case.

Graft investigation and prosecution officer Luz Awayan said pieces of evidence presented by Saavedra and Manuel “are insufficient” to justify their requests.

The governor welcomed the ruling, saying the rule of law had prevailed.

“Sometimes there are people who would wish to use the law in a frivolous and capricious manner. In the end, it’s not about filing frivolous cases, it’s about upholding the law,” Garcia said.

Frasco, the Capitol’s consultant on Special Project Institutionalization, said the complaints against the governor will eventually be dismissed.

“With the multitude of cases that Saavedra filed against the governor and other officials, eventually our government agencies will realize that their efforts would be better spent in adjudicating cases that actually have factual and legal basis,” Frasco said.

The anti-graft office explained that its power to issue a preventive suspension against a government official or employee is “not absolute.”

Republic Act No. 6770 or the Ombudsman Act of 1989 states that the Ombudsman or his deputy “may preventively suspend any officer or employee under his authority pending investigation if in his judgement of the evidence of guilt is strong.”

In a phone interview, Saavedra didn’t gave weight to the Ombudsman’s ruling.

“This (order) is no big deal. That (preventive suspension) will not affect the case,” he said.

He said Garcia is not yet off the hook as the investigation regarding the Balili lot purchase continues.

Late last year, Saavedra asked the Office of the Ombudsman in the Visayas to place Garcia on preventive suspension to ensure a thorough investigation of the Balili case.

Based on their preliminary findings, the Ombudsman Visayas said there is probable cause that Garcia entered into a “grossly disadvantageous” contract with the owners of the Balili estate in violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

In a technical report, the Department of Environment and Natural Resources in Central Visayas (DENR-7) said 82 percent or 20.2 hectares out of the 27.8 hectare Balili property was classified as timberland or public land.

The agency said only 18 percent or four hectares is dry land, which are classified as alienable and disposable under the Forestry Administrative Order No. 4-1701 dated Jan. 17, 1986.