Cebu Gov. Garcia lauds SC decision on admin cases

CEBU CITY – “Justice has prevailed, as always.”

Cebu Governor Gwendolyn Garcia had this to say after the Supreme Court (SC) affirmed the decision of the Court of Appeals (CA) dismissing the administrative cases filed against her over the controversial purchase of Balili property.

“And yet again, justice has prevailed as always the truth will set us free,” said Garcia.

The decision stemmed from a petition filed by the Office of the Ombudsman that asked the SC to review the CA’s decision to clear Garcia and 10 other Capitol officials.

The anti-graft investigating body had charged Garcia and several Capitol officials for grave misconduct over the purchase of lots owned by the Balili couple in Naga City, southern Cebu.

Citing the condonation doctrine, the CA went on to clear Garcia, a decision SC upheld in its September ruling.

“Here, the three complaints for grave misconduct were filed against respondent (Garcia) and other individuals prior to her reelection as governor of the Province of Cebu in 2010. Since the events that transpired here occurred prior to the finality of (of the decision on condonation) on April 12, 2016, respondent can still avail herself of the benefits of the condonation doctrine as a consequence of her reelection in 2010,” the SC said.

The SC has actually abandoned such principle in 2016 but the appeals court said it can still be applied retroactively to Garcia since the administrative complaints were filed in 2010.

“Verily, it is incorrect for the OMB to argue that the condonation doctrine merely erases the penalty and not the offense. To repeat, the condonation doctrine obliterates the offense and, consequently, the liability as well,” they added.