CA reverses graft decision on Gwen Garcia

By: Ador Vincent S. Mayol - 11 years ago

Cebu Gov Gwen Garcia CDN FILE PHOTO

CEBU CITY, Philippines—The Court of Appeals (CA) has nullified the decision of the antigraft office that held former governor and now third district Rep. Gwendolyn Garcia administratively liable for the 2008 purchase of the Balili beach property in Naga City, Cebu province.

But Garcia still faces three graft cases at the Sandiganbayan for buying 24.9 hectares of the Balili property at

P98.9 million, which turned out to be mostly underwater.

In his ruling, Executive Justice Gabriel Ingles of the CA Cebu Station said the Office of the Ombudsman acted “whimsically, capriciously and arbitrarily” when it adjudicated the administrative case against Garcia even if she was reelected governor in 2010.

Her daughter and lawyer Christina Codilla-Frasco said their family was elated with the ruling of the appellate court.

“We’re very happy that the CA issued a favorable decision. We have seen a glimmer of hope and justice after what feels like a very long time. God is indeed not sleeping. Justice will come in the end,” she said in a text message.

Under the Aguinaldo Doctrine of the Supreme Court, a reelected public official is spared from administrative liability done during a prior term. In effect, Garcia’s reelection in 2010 condones her past alleged lapses.

In January 2013, the antigraft office found Garcia and five other officials guilty of grave misconduct for purportedly misusing public funds to buy a private property mostly submerged in the sea.

Garcia, former Provincial Board Member Juan Bolo, retired provincial assessor Anthony Sususco, former provincial treasurer Roy Salubre, former provincial engineer Eulogio Pelayre and former provincial budget officer Emme Gingoyon were ordered dismissed from government service.

Aside from losing their jobs, they forfeited their retirement benefits, were disqualified from being rehired in government service and were barred from holding public office.

Garcia elevated the issue to the appellate court, saying she could not be held liable for

an administrative case that stemmed from accusations during her prior term.

Ingles agreed with Garcia in his ruling.

“The underlying theory is that each term is separate from other terms and that the reelection to office operates as a condonation of the officer’s previous misconduct … The Ombudsman cannot pronounce the petitioner (Garcia) administratively guilty for grave misconduct in the cases which have already become moot and academic,” Ingles said.

Removing a public official for acts done prior to his or her reelection would “deprive the people of their right to elect their officers,” Ingles said.

Ingles, whose ruling was concurred by Associate Justices Ma. Luisa Quijano-Padilla and Marie Christine Azcarraga-Jacob, ordered that copies of the ruling be furnished to the Department of the Interior and Local Government, Commission on Elections, Civil Service Commission and the Government Service and Insurance System.

Garcia was governor of Cebu from 2004 to 2013.