Ombudsman verdict on suspended Cebu Gov. Gwen Garcia

 

Cebu suspended Gov. Gwen Garcia found guilty of grave misconduct by the Ombudsman

The Office of the Ombudsman has found suspended Cebu Gov. Gwen Garcia guilty of grave misconduct for approving the purchase of the 24.9-hectare parcels of lot, now famously known as the Balili property, in 2008.

Pegged at P99.7 million, the Cebu capitol allegedly already paid P98.93 million for the 11-parcel land, of which 19.7-ha is underwater.

The decision stated that the transaction was tainted with irregularities as the Provincial Government at that time had no available funds specifically appropriated for the purpose of “providing a good opportunity for the Province of Cebu to develop and cater to the needs of interested investors.”

It said 50% of the total payment made by the Provincial Government “actually came from the [P50M] budget of the province not specifically earmarked for that purpose but for site development and housing program under social services”.

The verdict, however, was meted with a caveat, when Ombudsman Conchita Carpio-Morales said Garcia could no longer be sanctioned because of her re-election in 2010.

The country’s jurisprudence states that “a re-elected local official may not be held administratively accountable for misconduct committed during his prior term of office.”

“The rationale for this holding is that when the electorate put him back into office, it is presumed that it did so with full knowledge of his life and character including his past misconduct. If, armed with such knowledge, it still re-elects him, then such re-election is considered a condonation of his past misdeeds,” the High Court’s decision, anchored on what is commonly known as the Aguinaldo Doctrine, states.

While Garcia may be thumbing her nose at the Ombudsman over a verdict that does hold water anymore, she is still, however, facing graft and technical malversation charges before the Sandiganbayan over the same controversy.

It is not a double whammy after all. But, just the same, it does not make her least guilty of the charges.

What is even worst is that her reputation is badly tarnished and the people know her better now. This is going to be a big issue that won’t leave her at peace for as long as she is in politics.

Her political career may not be at risk, but for sure, for the Cebuanos, she is a marked woman.

 

 

To dance or not to dance in Cebu’s Sinulog Festival

Gwen dancing in the 2012 Sinulog Festival (photo courtesy of Flickr.com)

When it rains, it pours, so the cliché goes.

In the case of Cebu Gov. Gwendolyn “Gwen” Garcia, not only has she been suspended for six months last December 19 for alleged abuse of authority, which was the reason for defiantly barricading herself in her office, but her plea for the Sandiganbayan to lift the three hold departure orders (HDOs) issued against her also suffered a setback.

It will be remembered that the Ombudsman had charged Gwen with two counts of graft and one count of technical malversation over the Provincial Government’s anomalous purchase of the former Balili property in Tinaan, Naga City, Cebu.

It is alleged that she was behind the purchase of a 25-hectare lot for P98.9 million only to find out, upon verification, that a large portion of the property was underwater.

As if the above legal cases against her are not enough personal woes, now she is put in an even more unsettling situation – between a rock and a hard place – deciding on whether or not she will perform her ninth and last dance as head of the province in Cebu’s Sinulog Festival.

“I have always danced in the Sinulog as an offering to Señor Santo Niño,” Gwen said.

The streetdancing and grand parade to culminate this year’s Sinulog, Cebu’s biggest festival, will take place on January 20.

I used the word ‘unsettling’ because it could very well be so that if she leaves the premises, where she is holding herself incommunicado by her own volition, that she will not be able, literally, to go back and settle once more in her safe haven.

While I personally suggest that she goes dancing and enjoy the festivity because she really gloats over the focus and media attention that has been upon her for the last of her eight appearances, my hunch, however, is that she will continue to be holed up in her sanctuary and forgo the spiritual enlightenment her dancing for the Sto. Niño may have for her.

For Gwen, it is not spirituality that matters most. Not even in her dancing for we know all is purely ‘palabas’ (show-off).

For Gwen, it is political ambition and greed over spiritual and moral consideration.

Perhaps, President Benigno Aquino had the same anticipation of Gwen’s action that she will not leave the Provincial Capitol’s grounds, saying, she will be allowed to continue to lock herself inside her office.

“There is no need to make a martyr out of her. Because the provincial government is not prevented from carrying out its functions, we will just let her be,” Aquino said.

I could not agree with Aquino more, but what a subtle admonition it is to Gwen, and yet she is not getting it.

I happened to see my doctor yesterday, but before she started her examination she told me about the traffic caused by the Sinulog preparation. I, jokingly, asked her if there was traffic at the vicinity of the Capitol. Then she looked at me disbelievingly and said, “naunsa na mana siya oi”? (what the heck is happening to her?).

So my question now is: Has Gwen’s bearing and pride gone to the dogs?

Indeed, a pest of a question it is!

(Please see About page for more speculation.  – Quierosaber)

Cebu governor defies suspension order

Defiant Cebu Gov. Gwen Garcia

Defiance seems to be an attitude that Cebu Governor Gwen Garcia learned to apply adeptly in politics.

This attitude that Gwen possesses is what defines her as a person, a politician and a leader.

Unfortunately, this attitude that she is so identified with is what has brought her to her present predicament.

That the governor committed grave abuse of authority when she herself hired employees of the Office of the Vice Governor and the Sangguniang Panlalawigan although the appointing power is lodged with the Office of the Vice Governor, is clearly defying the rule of law.

That she refused to release the budget of the complainant, the late Vice Governor Gregorio Sanchez Jr., only to give it to his successor upon his death, is definitely rudeness and defying the sense of propriety and sensibility.

Gwen has also shown utter disrespect and brazen defiance of authority when she, reportedly, appropriated tax payer’s money and ordered surreptitiously the refilling of the controversial Balili property to make it appear now that it is dry land that the provincial government bought instead of seawater submerged land, notwithstanding that the case against her has already been filed in the Sandiganbayan and the property in question should have been left unchanged.

And now, she is defying Malacañang’s order for her suspension, daring authorities that forcibly removing her could only happen “over my dead body”.

Blame the suspension orders to politics and whoever else, and for whatever reason more, but can’t Gwen be sensible and reasonable enough to respect the rule of law, if indeed she is a worthy leader, which she claims to be?

It is not as if she is being penalized and not being given the chance to clear herself from the accusations that resulted to her suspension.

Gwen says the suspension was ill-timed. Why, would her attitude been different had the suspension order been issued a month before or after the holidays? As the well known cliché goes – hard to teach old dogs new tricks.

Power and arrogance makes a person defiant, no doubt about it. It’s a combination that makes for a despotic leader.

Power has corrupted Gwen’s mind and arrogance has negatively modified her attitude.

The two quotations below, relative to arrogance, can very much apply to Gwen.

“Arrogance is a creature. It does not have senses.
It has only a sharp tongue and the pointing finger.”
― Toba Beta

“Arrogance is in everything I do. It is in my gestures, the harshness of my voice, in the glow of my gaze, in my sinewy, tormented face.”
― Coco Chanel

Gov. Garcia suspension and Cebu politics

 

Cebu Gov. Gwen Garcia defies suspension order

With the suspension of Cebu Gov. Gwen Garcia for grave abuse of authority, Cebu politics and politicians have suddenly been put under the spotlight.

This act of Malacañang has made it even more interesting and intriguing for the nation to watch not only because the order was issued with elections only five months away, but mainly because the fiery lady governor is defying it, calling the directive “politics at its dirtiest.” She also described it as “political harassment” and “political persecution.”

Look who is talking?

Aren’t these phrases the same weapon she uses against those who don’t toe the line of her own whims and caprices?

Being too familiar with reports of Garcia’s autocratic and coercive ways as governor, not to mention her sudden outbursts, one finds it absurd that now, finding herself at the receiving end of a negative political process, she is hanging tough and challenging it.

We all know that sooner or later the ax would fall on Garcia because of the gravity of the complaint filed against her by no less than the vice governor at that time, the late Gregorio Sanchez Jr.

It had to do with Garcia hiring employees of the office of the Vice Governor and the Provincial Board (PB), when it should have been Sanchez himself doing it.

Also, it had to do with Garcia entering into 19 consultancy contracts without prior authority from the PB.

If these are not clear and blatant arrogation or usurpation of authority, then what is?

We are not even mentioning here yet the latest flaunting disregard of authority committed by Garcia, when she ordered the backfilling of the Balili property, despite the pending case before the Sandiganbayan, so that it will appear that the property is no longer under water, which made the costly purchase of the area questionable.

Clearly, the ax has fallen because it was time to correct the wrong and for justice to prevail.

It is not about giving due advantage to Cebu LP gubernatorial bet Hilario Davide III against Pablo John, Gwen’s brother, as the latter’s followers claim. It is simply that the time has arrived to act.

Now, questions are being raised if the same could happen to Mayor Mike Rama, an ally of Gov. Garcia, who is running for re-election against Rep. Tomas Osmeña in 2013.

This is an equally interesting and intriguing scenario especially that Osmeña is supported by the Liberal Party (LP).

Lest President Aquino’s LP be branded as political mercenary employing dirty politics to stay and perpetuate their party in power, it would be best for Malacañang and the party’s image to stay out of Cebu City politics so nothing more detrimental can be said.

 

Ax finally falls on Cebu Gov. Garcia

Cebu suspended Governor Gwen Garcia

One can call it political harassment or political persecution, but if the suspension of Cebu Gov. Gwendolyn Garcia for six months has been finally served for alleged grave violation of authority, then it could never have come in such an opportune time.

President Benigno Aquino is just being true to what he wants the public to perceive him, nay, believe him to be, and that is to shape up and follow the straight path of governance or the administration will run after you.

Aquino’s administration is embarking on a mission that would make public servants accountable for their actions. Hard as it may seem to be, he has shown his commitment and determination when the law got former president Gloria Macapagal Arroyo arrested and former SC Chief Justice Renato Corona impeached.

Now, not because the complainant against Gov. Garcia is already dead, as Garcia defiantly asserts, that the case against her should not be pursued anymore. On the contrary, if the case hasn’t been swept under the rug, it only proves how compelling the case is to be pursued and how significant for justice to prevail because it deals with the honesty and integrity of a public servant.

The suspension order stemmed from Garcia’s alleged refusal to release the budget of the late Vice Governor Gregorio Sanchez Jr, who died in April 2011, and she allegedly sat on request for renewal of contracts of 57 casual and contractual employees of the vice-governors office.

Ironically, Garcia released the funds to successor Agnes Magpale, an ally then, as soon as Sanchez died, the suspension order said.

It is just too bad that then DILG Secretary Jesse Robredo met his untimely death and the investigation he conducted on this anomaly was not immediately submitted to Malacañang, thus, no action was taken against Cebu’s governor.

Even before this, Garcia already had committed an indiscretion by wielding once more her abusive power of initiating the purchase of Balili Estate in Naga City, Cebu for 99 million in 2008 for a housing project. It turned out that 19 hectares of the 24.9 Balili Estate were under water.

For this, the Office of the Ombudsman charged Garcia with two counts of graft and one count of illegal use of public funds at the Sandiganbayan.

As everybody knows, Garcia is Cebu’s first woman governor. She was first elected in 2004, re-elected in 2007 and is now a candidate for a congressional seat in Cebu’s third district under her own One Cebu party, after she decided to forgo her senatorial bid.

There is no doubt the Garcias have political clout in Cebu, but it would have been a different thing if power has not corrupted her.

Look at what she did to the Balili property. Despite being the subject of a graft case in the Sandiganbayan, Garcia had still the gumption to alter the area’s topography by spending government money to fill up the submerged land with limestone. So, who says the Balili property is under water?

She calls it restoration.

I call it tampering of evidence in a place considered a crime scene.

Her means of surreptitiously backfilling it with limestone to make the Balili property a special economic zone, as she claims it, does not justify the fact that the acquisition cost for a badly bought property was simply staggering.

The ax has fallen on her because of this and it is encouraging that it has found its mark.

Sandiganbayan case a setback for Cebu Gov. Gwen Garcia

Cebu Gov. Gwen Garcia

With the filing of graft and technical malversation charges by the Sandiganbayan against Cebu Gov. Gwen Garcia in connection with the purchase of submerged land that was part of the Balili property that was bought by the provincial government for 98.9 million pesos, it could no longer be said that “it is much ado about a little thing.”

This statement was uttered by Rep. Pablo Garcia sometime in 2011, when he came to the rescue of her beleaguered daughter who was deeply embroiled in the controversial purchase of the property.

The buck has to stop where command responsibility starts. This is the simple doctrine of hierarchical accountability. And it simply happened that Gov. Gwen was the authorized person to approve the purchase of the Balili lots.

Sensing that Gwen was being put in a tight spot, the Deputy Speaker joined the milieu, both as father and a lawyer, to save his daughter from ignominy.

What we thought was a gaffe in judgment has now been converted to an argument using the language of the law.

The father dismissed the charges that his daughter had failed to exercise due diligence before signing the agreement that made Capitol the owner of a 25-hectare lot that is largely submerged in water simply because the Department of Environment and Natural Resources (DENR) failed to give notice about the encumbrances of the titled property.

The blame has now been, seemingly, shifted to DENR for the law, according to Rep. Garcia, only requires that the buyer, in this case, the Capitol, inspects the title and not the lot itself.

He further said that the law does not require inspection as it operates on the premise that titles are presumed valid unless they are encumbered and that the law even has an assurance fund set aside to protect buyers against the failings of the land registration system.

Moreover, he said, the law also operates on the premise that property buyers are not expected to understand the technical descriptions of lots as indicated in the titles.

Appropriately, Ombudsman Conchita Carpio-Morales did not see it that way. To her it was much ado about significantly big that needed to be brought to court.

For somebody who thinks so highly of herself, and who is vying for a senate position in the 2013 elections under the Binay-Estrada United Nationalist Alliance (UNA) party, this new development is a setback to her political aspirations.

Unless she will be able to clear her name, her case before the Sandiganbayan will very much define her political future.

REP. PABLO GARCIA RESCUES GOV. GWEN

BALILI PROPERTY FIASCO

It took a while in coming, but as expected, a father has always have to show concern, and if need be, come to the rescue of her daughter.

This is what Rep. Pablo Garcia did as he rushed to the aid of Cebu’s Gov. Gwen Garcia who has been deeply embroiled in the controversial purchase of the P97-million Balili property which is now being questioned and subjected to calls for a congressional inquiry.

What we, ordinary and regular people, thought as plain lapses of common sense among those who participated in the acquisition of the Balili lots have now become a full blown purchasing fiasco.

For who would be buying an expensive property without really having to do an ocular inspection, if only to ensure that what you are getting is what you want and what you are paying for?

Unfortunately, these lapses have been passed on from one Capitol official to another, trusting that as documents pertaining to the purchased property were submitted upward in the hierarchy of authority for accreditation and approval, oversights would be noticed.

But the buck has to stop where command responsibility starts. This is the simple doctrine of hierarchical accountability. And it just so happened that Gov. Gwen was the authorized person to approve the purchase of the Balili lots.

Whether by intention or dependence, common sense was never practiced. Neither was prudence and diligence exercised in so important and costly a transaction that miscalculation occurred resulting to error of judgment and decision.

Sensing Gov. Gwen Garcia being put in a tight spot, Rep. Pablo Garcia enters the milieu, both as father and a lawyer to save his daughter from ignominy.

What we thought was a gaffe in judgment has now been converted to an argument using the language of the law.

“This is much ado about a little thing”, the House Deputy Speaker says.

The father dismissed the charges that his daughter had failed to exercise due diligence before signing the agreement that made Capitol the owner of a 25-hectare lot that is largely submerged in water simply because the Department of Environment and Natural Resources (DENR) failed to give notice about the encumbrances of the titled property.

The blame has now been, seemingly, shifted to DENR for the law, according to Rep. Garcia, only requires that the buyer, in this case, the Capitol, inspects the title and not the lot itself.

He further said that the law does not require inspection as it operates on the premise that titles are presumed valid unless they are encumbered and that the law even has an assurance fund set aside to protect buyers against the failings of the land registration system.

Moreover, he said, the law also operates on the premise that property buyers are not expected to understand the technical descriptions of lots as indicated in the titles.

Well, this is just to show that, against a gifted lawyer, a wrong can be right or vice versa.

For PB member Juan Bolo, Pablo Garcia is a gift from heaven!