Gwen files criminal cases vs. Davide, Magpale, etc.

CEBU Rep. Gwendolyn Garcia (Cebu, 3rd) has filed criminal and administrative charges against Gov. Hilario Davide III and five others before the Office of the Ombudsman for promoting two officials to top positions even though the dismissal of their predecessors has not been finalized.

Garcia is suing Davide, Vice Gov. Agnes Magpale, Provincial Administrator Mark Tolentino, Provincial Human Resource and Management Office Bonifer Nacorda, Provincial Health Officer Rene Catan and Provincial Budget Officer Danilo Rodas for violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, for grave misconduct and conduct prejudicial to the best interests of the service.

Garcia’s complaint stemmed from the alleged illegal appointments of Rodas and Catan as Provincial Budget and Health officers.

Garcia is seeking the governorship anew in May 2019 with Magpale as opponent.

Aside from the complaint, she also asked for the inhibition of the Office of the Ombudsman-Visayas and its investigators from handling the case.

SunStar Cebu tried to get the side of Davide, Magpale and other respondents to the complaint, but calls and text to their cellphone remained unanswered.

In her 13-page complaint, Garcia said that back in 2012, she and members of the Provincial Bids and Awards Committee (BAC) were charged for anomalous deals that led to the construction of the controversial Cebu International Convention Center (CICC).

On Nov. 11, 2015, the anti-graft office ordered the dismissal of Garcia and members of the BAC.

On the same day, Davide immediately implemented the Ombudsman’s order and ordered the members of the BAC, including then Provincial Health Officer Cristina Giango and former Provincial Budget Officer Emme Gingoyon, to vacate their offices.

But the dismissed BAC officers filed an appeal before the Court of Appeals, thus rendering the decision of the anti-graft office as not yet final.

Following their appeal before the CA, dismissed BAC members represented by lawyer Marino Martinquilla requested Tolentino to not declare vacant their positions pending resolution of their appeal.

But Garcia said that even though the Ombudsman’s decision is not yet final, Davide still declared Gingoyon’s position vacant.

In May 2016, Rodas was appointed Provincial Budget Officer on a permanent basis by Davide.

In August 2017, Catan was also appointed by Davide as Provincial Health Officer 2, also on a permanent basis.

But Catan knew that his appointment was not permanent so he executed an undertaking to vacate his position should Giango be reinstated.

The appointments of Catan and Rodas were subsequently approved and ratified by the Provincial Board, which is presided by Magpale being the vice governor.

In July 2017, the Court of Appeals found the former BAC guilty of simple misconduct, instead of grave misconduct and gross neglect of duty, and were suspended for three months without pay.

Due to the decision, Giango, Gingoyon and members of the BAC were ordered reinstated.

Following Giango’s reinstatement, Davide recalled Catan’s position as officer-in-charge of PHO in February 2018.

But Davide also issued an order in the same month that Giango be transferred and reassigned to the medical clinic unit of the PHO.

Gingoyon has not been reinstated to his position despite letters he sent to Davide. (JKV)

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