The Commission on Elections (Comelec) First Division has dismissed two petitions to cancel the certificate of candidate of Cebu congresswoman and gubernatorial candidate Gwendolyn Garcia.
In their decision, the Comelec First Division led by presiding commissioner Al Parreno ruled that there was no basis to cancel Garcia’s COC over allegations that she still proceeded with her candidacy even though the Ombudsman has dismissed her from holding public office.
Complainants Edgar Gica, a lawyer, and Norma Pilapil Puzon filed separate disqualification cases against Garcia last year on the basis that she filed her COC for governor even though the Ombudsman had already found her liable for the P24.47 million project to backfill submerged portions of the controversial Balili Property in Barangay Tina-an, City of Naga.
Garcia was meted with a penalty of dismissal from the service and is perpetually disqualified from holding office.
Both petitioners claimed Garcia’s declaration in her COC that she is eligible to run for governor is false especially that the Ombudsman had issued an unfavorable decision against her.
But the Comelec’s First Division stated that the petitioners failed to show any substantial evidence that the Ombudsman decision removing Garcia from public office has become final and executory.
“Records reveal that respondent (Garcia) was able to file a petition for review before the Court of Appeals. Puzon even admitted this fact in her pleadings. Unfortunately for petitioners, no evidence was presented to prove that such petition was ruled upon adversely against respondents, or otherwise filed beyond the reglementary period,” the decision stated.
In a text message to Superbalita Cebu, Garcia said she is thankful that the petitions against her have been dismissed.
“I am thankful that the Comelec has dismissed the flimsy and unmeritorious disqualification cases filed by Gica and Puzon against me. Justice has been served. And I thank the Lord for His continued protection against my political persecutors,” Garcia added. (JKV/ AZDL OF SUPERBALITA CEBU)