The Court of Appeals has junked the government's request to submit additional documents to support its position opposing Cebu Gov. Gwendolyn Garcia's petition seeking to stop her suspension from office.
The Office of the President had earlier suspended Garcia for usurpation of authority based on an administrative case lodged against her by the late Vice Governor Gregorio Sanchez Jr.
In a two page resolution penned by Associate Justice Vicente Veloso, the CA 12th Division denied the plea of the Office of the Solicitor General, which represents the executive branch in cases, to submit a memorandum of authorities.
According to the Office of the Solicitor General, the memorandum was meant to reiterate Malacanang's position that Garcia should not be given a TRO.
"The motion of counsel for the respondents for three days within which to submit a memorandum of authorities is denied," the appeals court said.
Instead, 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.
"There being nothing to discuss and to argue on said incident, the same is hereby deemed submitted for resolution," the CA said.
During oral arguments on the petition, Justice Veloso said the government would suffer greater "irreparable injury" if Garcia's petition was granted.
Veloso — who heads the CA 12th Division handling the case — 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]."
Garcia's legal counsel Tranquil Salvador III, however, 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 said.
The administrative case against Garcia was lodged by the Sanchez Jr., who passed away long before the suspension order came out.
Sanchez accused her of committing acts of usurpation, including the hiring of employees, consultants and slashing the budget of the Office of the Vice Governor.
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. The Cebu police said they would not physically remove Garcia from her office unless ordered.
Garcia said she believes her suspension was politically motivated — a claim denied both by the government and the family of the late Sanchez Jr
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