Sandiganbayan affirms graft, malversation raps vs. Cebu Rep. Garcia

Cebu 3rd District Representative Gwendolyn Garcia has lost her bid for the dismissal of graft and malversation cases against her over the purchase of a 25-hectare parcel of land she entered into during her term as governor.

A resolution from the Sandiganbayan Special Second Division dated Monday ruled to deny Garcia's motion to dismiss after finding no oppressive delay in the investigation and the trial of her case.

The Sandiganbayan voted 3-2 in favor of denying the motion.

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 at the Sandiganbayan in 2012.

The charges stemmed from then-Governor Garcia's purchase of a 24.92-hectare Balili property in Tiga-an, Naga Cebu in 2008 for Cebu’s human settlement and seaport project.

Garcia allegedly allowed the purchase of the beachfront lot. 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 lawmaker raised the issue of inordinate delay in her case, saying the Office of the Ombudsman took two years to investigate her case while the trial stage at the Sandiganbayan had already lasted for five years.

Garcia said the prosecution also flip-flopped on the number of witnesses it intends to present against her. She said the list of witnesses now stands at 78 individuals, but the prosecution only presented five since trial started in 2016.

She further warned her case would be further delayed by 30 years if the Sandiganbayan allows the presentation of all 78 witnesses.

The Sandiganbayan, however, said Garcia herself caused the delay when she filed a total of nine motions before and after her 2013 arraignment, all of which have been denied.

"By filing these series of motions and motions for reconsideration from an adverse resolution, accused Garcia should have reasonable expectation that the proceedings would naturally elongate for due process requires that the other side be given time to respond and the Court would similarly consider time to study the submissions before it," the Sandiganbayan said.

On the number of witnesses, the anti-graft court said Garcia's camp agreed on the scheduled hearings and should have opposed the presentation of these persons at the onset of the hearing.

"She should have registered her objection right there and then and not after having already heard the testimonies of, and cross-examined the prosecution witnesses. Under these circumstances, the scales tilt in favor of allowing the prosecution to adduce further evidence," 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. 

Garcia allegedly gave undue advantage to Supreme ABF Construction for the P24.47-million contract.

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