Davide Junks Garcia’s MR

Cebu Governor Hilario Davide III on Friday last week denied the motion for reconsideration filed by suspended Dumanjug town Mayor Nelson Garcia for lack of merit.

“For want of merit, respondent Mayor’s Motion for Reconsideration of the Order of Preventive suspension promulgated on April 11, 2014 is denied,” read the order signed by Davide on May 2.

Davide, in his motion, said he found “no cogent reason” to reverse his 60-day preventive suspension order against Garcia.

“However, since the issues are not complicated, an early resolution of the case may be in order in the highest interest of justice and public service, and in order not to render nugatory the suspension order,” the order reads.

In his Motion, Garcia reasoned that the preventive suspension order was illegal as it was issued before the preliminary conference, which was scheduled on April 30.

But Davide said the issues and arguments presented by Garcia are “not at all new, but a mere rehash” of what he presented in the Provincial Board (PB).

“It cannot be overstressed that there is no need for a formal declaration that respondent is being placed under formal investigation. Respondent had explicitly admitted to having already filed a Verified Answer Ad Cautelam,” read Davide’s denial.

He added that the earlier pleadings–motion to dismiss the complaint and motion for reconsideration–filed by Garcia before the PB’s Committee on Complaints and Investigation meant that he had “exhaustively argued his position” on the charges against him.

Dumanjug Vice Mayor Efren Gica charged Garcia before the PB for alleged abuse of authority after he hired a town secretary when it was supposed to be the function of the vice mayor.