CA justice won't inhibit from suspended Cebu gov's case

A Court of Appeals justice has refused to inhibit from handling Cebu Gov. Gwendolyn Garcia's petition for a temporary restraining order against her suspension.

 

Garcia's camp earlier sought the inhibition of CA Associate Justice Vicente Veloso not only because of his "inordinate delay" in deciding on the suspended governor's request for a TRO, but as well as showing "undue bias, prejudice and partiality when he made sweeping statements during the hearing on the application for TRO/Status Quo Ante order.”

 

During the said hearing last January 10, Veloso said the government would suffer greater "irreparable injury" if Garcia's petition was granted.

 

Veloso - who heads the CA 12th Division to which the case was raffled off to – said,  "Fixed ang penalty of six months. So starting Dec 17, on actual knowledge of the suspension, it would expire June 17. So if we issue a 60-day TRO, suspension of six months will be cut to three months [given that Garcia has already served one month]."

 

The Office of the President had earlier suspended Garcia for usurpation of authority based in an administrative case lodged against her by the late Vice Governor Gregorio Sanchez Jr.

 

In its latest 30-page decision, the CA 12th Division denied Garcia's inhibition request, saying that only the high court could say whether he was wrong in airing his sentiments on the suspended governor's plea for a TRO/SQA.

 

“And absent such ruling from the High Tribunal, petitioner’s contention that Justice Veloso erred in his opinions during the January 10, 2013 hearing would be baseless,” the CA division said.

 

The resolution also said that singling out a member of a CA division was "inappropriate."

 

“[The CA] is a collegiate court whose members reach their conclusions in consultation and accordingly render their collective judgment after due deliberation,” the appeals court division stressed.

 

Apart from being denied of its inhibition request, Garcia's camp - particularly the suspended governor's lawyers Tranquil Salvador III, Victorina Calma, Leandro Abarquez, Jomini Nazareno, Amanda Marie Nograles and Glenn Tuazon - was warned against making "overly presumptuous" claims that the suspension order against Garcia would cause her "grave and irreparable damage" and that issuing a TRO was urgent.

 

“The court... has valid grounds to refer the perceived acts of misconduct of [Garcia's lawyers] to the Supreme Court for its necessary action under Rule 139-B of the Rules of Court,” the resolution read, referring to the rule of "Disbarment and Discipline of Attorneys."

 

“However, for now, they are merely warned, stern, that henceforth, their misconduct will be dealt with accordingly,” the CA division added.

 

Salvador had earlier said he was not worried about Veloso's perceived inclination not to issue a TRO.

 

"[The justices normally] try to ask questions from both parties. Minsan, may makikita kayong tanong nila na ay parang pabor sa kabila... But that does not in any way say they will decide in one's favor. Remember they are a collegial body," Salvador had said right after the January 10 hearing.

 

Last January, the CA division refused the government's request to submit additional documents to support its opposition on Garcia's TRO request.

 

The CA reiterated its earlier pronouncement that the petition for certiorari filed by Garcia in December last year to secure a TRO against her suspension has been submitted for resolution, adding that no further arguments would be heard regarding the case.

 

The administrative case against Garcia was lodged by the Sanchez Jr., who passed away long before the suspension order came out.

 

Malacañang has since appealed to Garcia to accept her suspension. Garcia, on the other hand, continues to defy the order, and even issued an order to all provincial hall employees not to recognize directives from Vice Governor Agnes Magpale, who has been designated acting governor.

 

Garcia had insisted she would continue to hold office at the provincial capitol. Garcia said she believes her suspension was politically motivated — a claim denied both by the government and the family of the late Sanchez Jr. — Mark Merueñas/RSJ, GMA News