Gwen Garcia asks Sandiganbayan to hasten hearing of 'anomalous' lot purchase case

Cebu Representative Gwendolyn Garcia has urged the Sandiganbayan to hasten the hearing of her graft and malversation charges over the alleged anomalous lot purchase deal she entered into when she was governor in 2008.

Garcia, which represents Cebu's third district, filed a motion at the Second Division on February 18 asking the anti-graft court to resolve her request for the prosecution to finish presenting its case against her by February 28.

"Congresswoman Garcia moves for this honorable court to set all remaining dates for the prosecution's presentation of its witnesses on or before February 28, 2019, in as many hearing dates as the prosecution may require, and to thereafter terminate the prosecution's presentation of its evidence," Garcia's motion read.

The Office of the Ombudsman is accusing Garcia 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.

However, the Department of Environment and Natural Resources has found out in a land survey that 19.67 hectares of the property were submerged in water and unfit for the intended projects.

Garcia allegedly allowed the purchase of the beachfront lot.

Since the trial started in 2016, Garcia said the prosecution only presented nine of its 78 intended witnesses, thus a violation of the Revised Guidelines on Continuous Trial and the 180-day trial limit set under the Speedy Trial Act of 1998.

'Political mileage'

Garcia, who is seeking a return to the gubernatorial post in the 2019 elections, said the delay in her case only causes her opponent, former Vice Governor Agnes Magpale, to use it as "blatant political mileage."

Garcia claimed Magpale was behind news reports of the Sandiganbayan's denial of her motion to dismiss last year. She said the "affirmation" of the charges against her was a misrepresentation of the anti-graft court resolution, which made no mention of her rival. 

"There is even greater urgency for this motion, in light of the upcoming 2019 general elections. Congresswoman Garcia's political opponents have continued to use this pending case as black propaganda against her to besmirch her reputation," the lawmaker's motion read.

Garcia insisted for the prosecution to present Magpale at the Sandiganbayan, but said her testimony would fail to refute the fact the subject land is a titled property that had no indication on whether it is alienable and disposable.

She said the Sandiganbayan should compel the prosecution to finish its case by the end of February since "it is highly unlikely that the prosecution will complete its presentation of witnesses any time soon." —KBK, GMA News