Governor’s Office Vacant
Cebu province is without a governor, an unusual situation that arose on the first day that Gov. Gwendolyn Garcia was expected to report back for work after a 180-day suspension.
Yesterday came and went with no word from Garcia whether she would assume the post again.
She could still apply for a leave of absence for the remainder of her 11 days in office.
Otherwise she risks being marked absent without official leave or AWOL, said Ananias Villacorta, regional director of the Department of Interior and Local Government 7 (DILG).
Villacorta said he would immediately talk with Vice Gov. Agnes Magpale to stay on as acting governor because the Office of the Governor cannot be left vacant even for a single day.
“We cannot allow a hiatus or let the office remain vacant without anyone assuming it,” he said.
“That is now the problem because she (Garcia) should have reported back to office. She will be the one to turn over the seat by noon of June 30 to the governor-elect (Hilario Davide III). She has to finish her term,” the regional DILG director said.
Calls and text messages sent to Garcia’s cell phone were not returned.
Her lawyer Tranquil Salvador III said her graft case for the Balili land purchase is scheduled for hearing tomorrow in the Sandiganbayan in Quezon City but that she didn’t have to be present for that.
He said his client “has the legal right to assume the remaining term of her office but I leave it to her sound discretion to take her position as governor.”
STOPPED SIGNING
“I’ve stopped signing papers as acting governor,” said Agnes Magpale, who automatically resumed duties as vice governor when the suspension ended on June 17.
Magpale said she was being prudent and wanted to avoid having Garcia’s camp accuse her of overstepping her boundaries and opening herself up to a charge of usurpation.
“We asked our lawyers and they said we don’t need a notice from DILG for us to step down. We counted; the 180-day suspension is over. I have not been signing anything since Monday,” she said.
“Unless there are really important documents. I have to be very careful because they might file a charge of usurpation (of authority). But if she (Garcia) files a leave of absence, I will continue as acting governor,” she added.
LOCKED UP
The doors to the corridor leading to the Office of the Governor in the Capitol’s east wing remain chained and locked.
Dust covers the glass windows panes and a foul order rises through the cracks of the doors, a sign of over four months of non-use since Jan. 30.
Capitol officials led by Magpale were ready to reopen the office on Monday at 10 a.m. to clean it up and prepare it for the June 30 turrnover to governor-elect Davide.
However, it was postponed when no represesentative from Garcia’s camp showed up to witness the reentry and to turn over the office.
Garcia’s furniture and several personal belongings remain inside the locked chambers.
Before that Garcia stayed in the Capitol, holed up for four weeks in defiance of a six-month suspnesion order served on Dec. 18, 2012.
The suspension, ordered by the Office of the President through the DILG, was a penalty for grave abuse of power in an administrative case stemming from usurpation charges filed by the late vice governor Gregorio Sanchez Jr., who complained that his budget was cut and personnel removed by Garcia as acts of political vengeance, using her powers as governor.
If Garcia files a request for a leave of absence it must be approved by Interior Secretary Mar Roxas, according to Villacorta.
“There are legal impediments. If the suspension has already ended but you haven’t showed up, we can refer that to our lawyers. One can be considered AWOL,” he said.
“Anybody can file charges – neglect, dereliction of duty. But we still don’t know what her side is. We will verify with the central office if she has filed a leave. If ever an official is abroad or on leave, they always send us a letter informing that they have assumed office,” he added.
Villacora said the DILG is encouraging incumbent officials around the country to be part of a smooth transition to incoming election winners, who take office after noon of June 30.
“She has not communicated with us. We don’t know what her plans are but she should send us a notice that on that day, she’ll be back,” he said.
Last week, Magpale sent a letter to Garcia’s residence in barangay Banawa, Cebu City asking for a representative to witness the opening of the Governor’s Office.
She said the house’s security guard refused to accept the letter. Magpale also had copies also sent by registered mail.
“They have the keys, we don’t want to destroy the lock. I hoped that we could open the office yesterday. That’s why our lawyers were here but nobody came. Lest we be accused of stealing , we decided to just wait until she comes back,” she said.
Magpale said she would prepare the Capitol’s old social hall as a temporary office for Governor-elect Davide’s if the Governor’s office isn’t ready for occupancy on July 1.
