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Cebu City mayor 8 others slapped 6 months suspension by Ombudsman

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Balita News Services

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Jun 29, 1999, 3:00:00 AM6/29/99
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CEBU CITY, June 28 (PNA)--Cebu City Mayor Alvin Garcia and eight
Cebu City Hall department heads and consultants have been suspended for
six months without pay for allegedly forging a "grossly disadvantageous"
asphalt supply contract.

Deputy Ombudsman for the Visayas Arturo Mojica ordered the
officials to 'cease and desist from holding office immediately upon
receipt" of the suspension order, which was served on Friday.

Aside from Garcia, those suspended were his Executive Assistant
Melchor Tormis, City engineer Antonio Sanchez, Assistant City Engineer
Julius Villordon, and the five members of the city's bids and awards
committee.

They are City Treasurer Eustaquio Cesa, City Accountant Edna Jaca,
Quirino Estorba, Jesusa Jayme and Allan Gaviola.

Visayas Ombudsman Director Virginia Palanca-Santiago said they
expect a movement in official functions at the City Hall today.

The movement will be by hierarchy, she added.

Vice Mayor Renato Osmena will take over Garcia's duties, Councilor
Michael Rama will act as vice mayor, while the assistant department
heads are expected to take over the posts of their superiors.

Garcia said the preventive suspension does not bother him.

He had expected it, he said, because he had sued the anti-graft
office for leaking the recommendation to suspend him.

This is their revenge, he said.

The mayor expressed concern, though, over the plight of the eight
other City Hall employes as they will be financially affected.

He assured the other officials impleaded in the investigation that
he will try his best to have the suspension lifted.

Garcia said he will question the suspension before the Supreme
Court.

Despite the Ombudsman's warning, he said he will still leave for
Colombo, Sri Lanka today because it is not an official trip.


He has been invited to speak about the city's accomplishments.

Former mayor Tomas Osmena said he 'feels bad" over Garcia's
suspension since all he was after was the suspension of the "anomalous"
contract with Zuellig.

Lawyer Jesus Garcia Sr., Alvin's father, questioned the authority
of the Ombudsman to suspend the mayor, saying the Local Government Code
provides that only the President can do so.

Garcia is the first Cebu city mayor to be suspended, although he is
the fourth in Cebu island and the 112th in the region to have been
temporarily relieved of duties while undergoing investigation.

The order came less than a month after Garcia and the eight
officials were criminally and administratively charged last June 8.

The suspension pertains to the administrative aspect of the case.

The office has yet to come up with a resolution on the criminal
case.

In its order, the antigraft office said the suspension was
necessary because the evidence of guilt is strong; the charge involves
dishonesty and grave misconduct; it warrants removal from service; and
their stay in office may prejudice the case.

"There is a strong possibility that their continued stay (in
office) may result in influencing witnesses both in and out of the
government, and manipulation of records of the current investigation and
the case against them may be prejudiced."

Moreover, the officials' 'adamant attitude to continue
implementing" the contract added more reason for the suspension. (PNA)
JV/wpt/eb/re

PNA 06281045

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