WHY did the Office of the Ombudsman deny Rep. Gwen Garcia’s appeal to have her dismissal reversed, despite her reelection in 2013?
Although Garcia’s supposed offenses were committed prior to the ruling of the Supreme Court (SC) striking down the Aguinaldo Doctrine in 2015, she was reelected to another position.
“This office, however, finds that the body politic that elected her as a representative is not the same as those who voted her previously as Cebu governor,” read the order penned by Graft Investigator Kristine Suzanne Fineza.
“The electorate for the third district representative only pertains to a fraction of the electorate for Cebu governor, which comprises the whole province.”
The ombudsman’s order, which was approved by former ombudsman Conchita Carpio-Morales, affirmed Garcia’s dismissal from the service.
But Garcia had said that she would appeal the anti-graft office’s denial of her motion before the Court of Appeals.
Garcia believes that the ombudsman’s denial of her motion for reconsideration is politically motivated.
The ombudsman dismissed the former governor from service after she was found guilty of grave misconduct.
It stemmed from the allegedly unauthorized P24.47-million contract to fill the largely underwater Balili property in 2012.
The dismissal order carries the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility and forfeiture of Garcia’s retirement benefits.
The 1992 SC jurisprudence, known as the Aguinaldo Doctrine, condoned the “sins” of reelected public officials. Public officials were found administratively liable but escaped penalty due to the doctrine.
In November 2015, the SC ruled to strike down the Aguinaldo condonation legal doctrine on former Makati vice mayor Jejomar Erwin “Junjun” Binay Jr.’s petition to stop his preventive suspension by the ombudsman.
In denying Garcia’s motion, the ombudsman ruled: “It cannot be said that the same people who elected her as Cebu governor condoned her misdeeds and decided to re-elect her again to public office. Clearly, the condonation doctrine cannot be applied in her favor.”
The ombudsman held that it has jurisdiction over Garcia since she was then the governor when the complaint was docketed in June 2013.
The anti-graft office also said that Garcia was afforded due process since she was not even placed under preventive suspension and even won a House seat in 2013.
Purchased on June 11, 2008, the 24.92-hectare Balili property in Tinaan, City of Naga was intended for the Provincial Government’s housing and seaport projects.
An inspection showed that portions of the property were submerged in water and not suitable for human settlement and the construction of an international seaport.