The Office of the Ombudsman dismissed the Graft and Corruption case filed by former Dumanjug town Mayor Nelson Garcia against Governor Hilario Davide III for enforcing the Sangguniang Panlalawigan’s (SP) Resolution suspending Garcia for six (6) months.
In its decision dated December 1, 2015, the Ombudsman ordered the dismissal of the case citing lack of probable cause against Davide for violating section 3 (e) Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices act.
Under section 3 ( e) of RA 3019, as amended, a public official can be charged for Graft and Corruption when he meets the following elements : 1) that the accused is a Public Officer discharging administrative, Judicial, or official functions; (2) that he or she must have acted with manifest partiality, evident bad faith, or gross and inexcusable negligence; and (3) that his or her action caused any undue injury to any party, including the government, or gave any private party unwarranted benefits, advantage, or preference in the discharge of his or her functions.
On April 30, 2015, Davide issued an order directing Garcia to comply with the decision of the SP after its investigation committee “unanimously” approved his 6 months suspension over a grave abuse of authority case filed by Dumanjug Vice Mayor Efren Gica.
Garcia, in his complaint, alleged that Davide, in issuing the questioned orders, wrongfully and capriciously implemented the SP Resolution Nos. 590-2015 and 672-2015, which were not in compliance with section 60 of RA No. 6713 (Local Government Code of 1991).
“Complainant failed to alleged specific facts and circumstances showing that respondent acted with manifest partiality, evident bad faith or gross and inexcusable negligence or that he caused undue injury to any party or gave any private party unwarranted benefits, when he directed complainant to comply with the SP resolution suspending him” read the portion of the Ombudsman decision.
On 2013, Dumanjug Vice Mayor Gica filed an Administrative complaint for Grave Misconduct and Abuse of Authority before the SP against Mayor Garcia for allegedly usurping the vice mayor’s power in appointing Sangguninang Bayan Secretary Emmylou Cabonillas.