THE 90-day preventive suspension against Dumanjug Mayor Efren Guntrano Gica was finally served on Thursday, May 2.
This was confirmed by Department of the Interior and Local Government (DILG) Cebu Director Jerome Gonzales in an interview on Friday, May 3.
Gica's suspension was ordered by the Sandiganbayan following his arraignment over graft, falsification and malversation charges.
A resolution from the Sandiganbayan Fourth Division dated April 3, stated that Gica’s suspension is mandated under Section 13 of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act.
The DILG was given a copy of the Sandiganbayan order for implementation, with instructions to inform the court of their action within five days.
An unnumbered DILG memorandum dated April 30 from Undersecretary Marivel Sacendoncillo directed the regional office to implement the suspension.
Gonzales said he served the order at Gica's house in Dumanjug at 4:30 p.m. Thursday, and the latter personally received it.
"The Court hereby orders the suspension pendente lite of accused [...] as Municipal Mayor of Dumanjug, Cebu for a period of ninety days. The Court further orders him to cease and desist from performing and/or exercising the functions and duties as well as receiving and/or enjoying the salaries, benefits and privileges of his current public position or any public office or position he may now or hereafter be holding within such period (of preventive suspension)," reads a portion of the DILG memorandum dated May 2, signed by Central Visayas interior and local government Director Loecadio Trovela.
A portion of the order written by Associate Justice Reynaldo Cruz read, “On 23 January 2019, accused [...] was arraigned and pleaded ‘not guilty’ to the charges against him [...] The Court then issued an Order directing him to show cause within ten days therefrom why he should not be suspended pendente lite under RA 3019.”
Last year, the Court of Appeals merely “noted” Gica’s appeal to be reinstated to his position following the decision of the Office of the Ombudsman to dismiss him from service for serious dishonesty and grave misconduct in 2017.
The Office of the Ombudsman dismissed Gica from service for tampering with a restaurant receipt amounting to P11,435, bloating the amount to P21,435 in 2014.
The Ombudsman ordered the cancellation of Gica’s civil service eligibility and barred him from working again in government.
Apart from the dismissal, the Ombudsman also indicted Gica for malversation of public funds, three counts of falsification of official documents and for violation of the Anti-Graft and Corrupt Practices Act.
While there is an election ban on the suspension of local elective officials, Gica is not covered by the provision.
Promulgated last Oct. 1, Commission on Elections (Comelec) Resolution 10429 provides the calendar of activities and periods of prohibited acts in connection with the May 13 national and local elections.
Under the resolution, the organization of reaction or strike forces and the suspension of elective local officials is not allowed from January 13 to June 12.
In an earlier report, Cebu Provincial Election Supervisor Lionel Marco Castillano, who currently serves as Acting Elections Supervisor of Siquijor, said the ban on suspending local elective officials does not cover those ordered by the anti-graft office.
Section 15 of Comelec Resolution 10475 promulgated last January 7, provides that from Jan. 13 to June 12, the provisions of law to the contrary notwithstanding, no public official shall except upon prior written approval of the Commission, suspend any elective provincial, city, municipal or barangay officer.
No approval, though, is required if the suspension will be for purposes of applying the Anti-Graft and Corrupt Practices Act in relation to the suspension and removal of elective officials.
Following Gica's suspension, Vice Mayor Rainero Asentista will sit as acting mayor until noon of June 30, or when the incoming officials assume office.
Asentista is seeking a fresh term as municipal councilor, while Gica is a reelectionist.
As for who will assume as acting vice mayor, Gonzales said it will be the first councilor, provided that there is an appointment from the Office of the President on the matter.
First Councilor Cesar Baricuatro is running against Gica for the mayoralty post in the May 13 elections. (RTF)