Sandigan denies Cebu Rep. Garcia's appeal to dismiss lot purchase case

The Sandiganbayan has junked Cebu Representative Gwendolyn Garcia's motion seeking the dismissal of her case in connection with the alleged anomalous 25-hectare lot purchase she entered into during her time as governor.

In a resolution dated January 22, the Second Division voted 3-2 in resolving to deny the appeal of Garcia for lack of merit. Associate Justices Lorifel Pahimna, Oscar Herrera Jr., and Efren dela Cruz chose to deny the motion.

The majority said the motion contains "mere lengthy reiterations of the arguments she interposed in her previous motions which have already been passed upon, discussed and judiciously resolved."

Garcia was charged with one count each of violation of Section 3(e) and 3(g) of the Anti-Graft and Corrupt Practices and technical malversation in connection with the purchase of a 24.92-hectare Balili property in Tiga-an, Naga Cebu in 2008 for Cebu’s human settlement and seaport project.

She allegedly allowed the purchase of the beachfront lot, but it was later found out in a land survey conducted by the Department of Environment and Natural Resources that 19.67 hectares of the property were submerged in water and unfit for the intended projects.

The Sandiganbayan had affirmed the charges in a November 19 resolution after it found no oppressive delays in the case.

But Garcia said her right to speedy disposition of cases was violated due to a six-year inordinate delay in the trial stage.

Garcia also said she is "not an ordinary citizen," thus the delay in proceedings causes her to suffer "negative consequences" on her reputation.

The prosecution, for its part, said the delay only took around two years. It stressed Garcia cannot invoke this right now that she already participates in the trial.

The Sandiganbayan said it sees no reason to reverse its earlier resolution, noting that none of the records showed Garcia suffered from any oppressive delays in the proceedings of her case.

"There is nothing in the subject motion that could warrant a reversal of the same as the movant has not included any new argument which convince this court to rule otherwise. Thus, her assertions that there was a violation of such constitutional right must necessarily fail," the Sandiganbayan said.

The case is an offshoot of the dismissal order meted by the Ombudsman against Garcia in February in connection with the anomalous supply of backfilling materials for the submerged Balili property.

The leadership under former Speaker Pantaleon Alvarez refused to implement the order due to a constitutional provision stating only the House of Representatives can penalize its own members. —KBK, GMA News