To be filed before Comelec, Ombudsman: Multiple cases against Gwen

CEBU, Philippines — A Mandaue City-based lawyer is set to file multiple charges today against Cebu Governor Gwendolyn Garcia accusing of legal and ethical violations tied to her candidacy and defiance of suspension orders.

Attorney Inocencio dela Cerna, speaking on behalf of his client—also a lawyer whose name he did not disclose during a press conference yesterday—said the charges include disqualification, usurpation of authority, and electioneering.

Dela Cerna said they plan to file the cases today before the Commission on Elections (Comelec) Region-7 and the Office of the Ombudsman-Visayas, as well as directly with the Comelec in Manila.

He noted that even if the cases are filed after the election, they still intend to pursue them against the governor.

Dela Cerna alleged that in the governor’s Certificate of Candidacy (COC), she indicated that she has no pending cases in court by writing “N/A” or “Not Applicable.”

“Ang kaning sa second page (COC) naay gibutang case docket, case title, date filed and status. Maayo unta to og ang kandidato, wa mag-atubang og kaso. But naa diri not applicable ang case docket, ang case number and case title not applicable, unya date filed not applicable and case status not applicable.

However, naa man gyud siyay kaso,” said dela Cerna.

The lawyer said that, in fact, the governor has active and existing cases pending before the Supreme Court, including Hilario Davide III vs. Gwendolyn Garcia and Agnes Magpale vs. Gwendolyn Garcia.

“Sa tan-aw nako mental dishonesty ni,” said dela Cerna.

The second case involves alleged usurpation of authority in connection with the recent order from the Office of the Ombudsman placing the governor under a six-month preventive suspension.

Garcia was slapped with a six-month preventive suspension over a complaint filed by Moises Deiparine, accusing the governor of grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service, and violation of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.

The case stems from a quarry permit Garcia reportedly issued to a company without an environmental compliance certificate.

“As far as we are concerned, naa gyud basehan,” dela Cerna said.

“Until now kahibalo na man siya nga suspenso na man gyud siya and there is legal basis and that order is effective immediately," he added.

Dela Cerna, however, said that despite the order, the governor has insisted on remaining in office.

“Kapila na man siya ni ingon nga I will stay here and perform my duty. That is already usurpation of authority,” he said.

He said his law firm is now gathering video evidence showing the governor defying the suspension order.

“That defiance alone can only mean to say she might be violating two cases against the Comelec and the Office of the Ombudsman,” he said.

Dela Cerna said this is why they will elevate the matter to court or the proper agencies, as it is their legal interpretation that the issue needs to be resolved.

In addition, they plan to file an electioneering case—including a complaint for unlawful expenditures—against the governor for allegedly using Sugbo News, the official Facebook page of the Cebu provincial government, for campaign purposes.

“Supposedly ang news outfit (Sugbo News) will inform the constituents unsa ka nindot ang probinsiya. Ang mga tawo na ang mo decide, uy kinsa man ang nagdala sa atong probinsiya. Dili moingon nga ang usa ka governor nibuhat ani para ninyo, dili. It is supposed to be a collective effort by the Office of the Governor to promote the Province of Cebu and not to promote her as the governor of Cebu,” said dela Cerna.

“Kabalo man mo giunsa pag gamit ang Sugbo News. Ang Sugbo News supposedly to be for the welfare of the province not the welfare of certain individual. Makita nato in all the mga press release nag picture unsa kanindot dili ang probinsiya but ang unsa ka tawo. Daghan kaayo, that could be an election offense,” said dela Cerna.

“Not later this Friday or even after the election atong isang-at because we are not taking the law into our own hands. Kay naa man sad siyay due process. But initially we believe naa gyud basehan ang mga kaso nga isang-at batok kaniya,” said dela Cerna when asked when they plan to file the cases.

Dela Cerna said that regardless of whether their allegations are proven, they will leave the decision to the Comelec and the Ombudsman.

He added that they are also looking into other potential election offenses, including coercion of subordinates and threats—either financial or material.

He clarified that the legal actions are not politically motivated and that he is not acting on behalf of or in favor of another gubernatorial candidate, Pamela Baricuatro.

“Dili ni sa pikas, no. Bisan among tubag yes or no, this is of no moment,” dela Cerna said.

Sought for comment, Capitol consultant Atty. Ben Cabrido Jr. said they can’t comment yet until they have read the complaint. — (FREEMAN)