SC nixes Gwen petition on Balili property case

The Supreme Court (SC) dismissed a petition by Rep. Gwendolyn Garcia of Cebu’s 3rd district that contested the Ombudsman’s filing of criminal charges against her in relation to the 2008 irregular purchase of the Balili property in Naga City, Cebu.

A notice signed by SC’s first division clerk of court Edgar Aricheta stated that the High Court found no basis to overturn Garcia’s indictment before the Ombudsman which investigated the case.

Garcia’s lead counsel Tranquil Salvador III told Cebu Daily News that they already filed a motion for reconsideration before the SC to contest the ruling.

He said they also filed a motion to quash the information before the Sandiganbayan. If granted, the case against Garcia will be dismissed.

Otherwise, the trial will proceed against Garcia, former Cebu governor and now congresswoman of Cebu’s 3rd district.

Salvador also said the Sandiganbayan hasn’t issued any resolution yet to the plea of the Office of the Special Prosecutor (OSP) to preventively suspend Garcia.

The Cebu City Prosecutors’ Office also dismissed the charges of malicious prosecution filed by Garcia against businessman Crisologo Saavedra, one of the complainants in the Balili case.

“The filing of the complaint does not clearly and overtly show that the intention of the respondents is to purely harass and malign Garcia,” the prosecutor said.

He said Saavedra’s complaint involved “public interest” that led to an extensive investigation by the Ombudsman-Visayas on the purchase of the 25-hectare Balili property which a government survey showed to be mostly underwater.

Garcia is facing two counts of graft and one case of technical malversation of funds in relation to the Balili estate for P98.9 million.

Garcia’s lawyers earlier filed a petition for certiorari before the SC with a prayer for a temporary restraining order to stop her arraignment which proceeded last March 22. She entered a “not guilty” plea.

Last year, Tanodbayan Conchita Carpio Morales approved the filing of criminal charges against Garcia and other former and incumbent Capitol officials accused in relation to the Balili lot fiasco.

Morales said the transaction between Garcia, the former Capitol officials, and the lot owners was “tainted with irregularities” because the provincial government did not have any funds allocated to buy the property.

Garcia filed a motion for reconsideration to contest the decision of the Ombudsman but her plea was denied for “lack of merit.”