CA justice won’t inhibit in Garcia case-A A +A
Thursday, March 7, 2013
MANILA (Updated) -- Lawyers of suspended Gwendolyn Garcia have been required to explain why they should not be cited for indirect contempt after accusing a Court of Appeals (CA) justice of being partial against the Cebu governor.
In a 30-page resolution, CA 12th Division chair Associate Justice Vicente Veloso said he will not inhibit from handling Garcia's petition to stop the six-month suspension imposed on her by the Office of the President last December for grave abuse of authority.
He said the CA "is a collegiate court whose members reach their conclusions in consultation and accordingly render their collective judgment after due deliberation."
As a result, the division ordered lawyers Tranquil Salvador III, Victorina Calma, Leandro Abarquez, Jomini Nazareno, Amanda Marie Nograles, and Glenn Tuazon to submit their explanation within 10 days from notice.
"The court therefore, has valid grounds to refer the perceived acts of misconduct of (Attorney Salvador III, et al.) to the Supreme Court for its necessary action under Rule 139-B of the Rules of Court," the resolution stated.
"However, for now, they are merely warned...that henceforth, their misconduct will be dealt with accordingly," it added.
Salvador declined to comment if the development will negatively affect Garcia's request.
"We will just avail of our remedies under the law and hope that justice will be served," he said in a text message.
Earlier, Garcia asked Veloso to step aside allegedly because of his "sweeping statements" against her petition for temporary restraining order (TRO) in a hearing on January 10.
Garcia's daughter Christina Frasco even pointed out Veloso's partiality to the administration when the same division granted last January the request of actor Aga Muhlach to be reinstated as voter of a town in Camarines Sur.
Muhlach is seeking a congressional seat in the province under the ruling Liberal Party.
Garcia, meanwhile, is a local leader of the rival United Nationalist Alliance (UNA) of Vice President Jejomar Binay and former President Joseph Estrada.
Veloso, who is assigned to write the case decision, said only the SC can tell if his actions during the hearing were inappropriate. (Virgil Lopez/Sunnex)