Cebu Rep. Garcia asks Sandigan to defer graft trial

CEBU Representative Gwendolyn Garcia asked the Sandiganbayan to defer her pre-trial for graft over the allegedly anomalous purchase of a land for a housing project that turned out to be under water.

In a motion, Garcia asked the court to postpone the scheduled pre-trial of her graft case on July 16 when she was requested to personally appear before the court, citing violation of her constitutional rights as an accused.

Garcia said the court cannot yet proceed with the pretrial because of her pending petition for certiorari before the Supreme Court assailing the Sandiganbayan’s decision to deny her quashal of information.

“Both petitions raise compelling and legal questions on actions of this Honorable Court and of the prosecution that is contrary to the constitutional protection of the accused guaranteed by the Constitution,” Garcia’s motion said.

Garcia said it would be a violation of her constitutional rights if she is placed under trial over what she deemed defective graft charges.

“Proceeding with the pre-trial conference and the pre-trial in the instant cases and eventually with trial, notwithstanding the pendency of the aforementioned petitions before the supreme Court, would not only gravely prejudice Congresswoman Garcia’s rights as an accused, but would also condemn Congresswoman Garcia to the fate of being tried under defective ‘informations’ and proceedings already dictated by the prosecution,” the motion said.

Garcia also filed before the court a motion for leave to travel to the United States from July 3 to 26 to meet Consul General Mario De Leon, other officials of the Philippine Consulate General, as well as members of the Overseas Filipino Workers community over a bill she authored seeking to amend the Family Code to add more requirements for male foreigners marrying a Filipino.

Garcia was charged with two counts of graft and one count of illegal use of public funds for the anomalous purchase of a land in Cebu for a housing project that turned out to be submerged in water.

According to the graft charge, Garcia, who was then Cebu governor, authorized in 2008 the purchase of a portion of the Balili Estate in Naga, Cebu, with an area of 24.9 hectares at P99 million. Garcia, the Ombudsman said, diverted at least P50 million in government funds for site development and a housing program to pay for a portion of the estate’s price.

The accused official allegedly disregarded the government findings that 19 hectares of the 24.9-hectare property were underwater, which prevented the construction of the housing project to the detriment of the government.

The Ombudsman said Garcia took funds from appropriations for social services to pay the Balili property, exceeding her authority. It also said the provincial board was made to believe that the land was classified as industrial and recreational.