Cebu Provincial Government
Cebu Provincial Government


PB to push proceedings in Gica Garcia case

IMG_7062The Committee on Complaints and Investigation of the Provincial Board ruled that a prima facie case exists against Garcia to warrant a formal administrative proceeding against him.

The Committee ruled against the motion of Dumanjug Mayor Nelson Garcia to defer proceedings before the committee in an administrative case filed against him by his vice mayor Efren Guntrano Gica.

Gica pressed formal administrative charges against Garcia for allegedly usurping the power of the vice mayor when Garcia designated an acting SB secretary, a power which according to Gica belongs only to the vice mayor as stated in the Local Government Code.

At the Preliminary Conference scheduled last February 14, 2014, the Committee failed to join the issues and stipulate facts because of the insistence of Garcia’s camp to rule first on his Motion to Dismiss and his Motion to Defer further proceedings.

Garcia filed a Motion to Dismiss and a Motion for Reconsideration to attack the main case filed Gica. The Committee took the two motions as an Answer or responsive pleadings which Garcia vehemently contested. Garcia then sought for the resolution of his Motion to Dismiss first before the Committee can proceed to hear the case.

The resolution of the Committee finding the two motions of Garcia as Answers to the main complaint indicates that there is no longer any legal deterrence for the Committee to commence further proceedings in this administrative case. Diane Higida