Sandiganbayan refuses to junk Cebu Rep. Garcia cases over submerged land purchase


Posted at Jan 28 2019 04:56 PM

Cebu 3rd District Rep. Gwen Garcia. Rep. Garcia’s Facebook page/ File

MANILA- The Sandiganbayan has denied anew Cebu 3rd District Rep. Gwen Garcia's request to dismiss her graft and technical malversation cases over the alleged irregular purchase of a property when she was provincial governor in 2008.

The anti-graft court's special 2nd division noted that her motion for reconsideration were mere reiterations on the supposed inordinate delay in the investigation done by the Office of the Ombudsman which took more than 7 years.

The court noted the Supreme Court decision on Mendoza-Ong vs. Sandiganbayan that it would be a “useless ritual for the court to reiterate itself” in cases involving a rehash of arguments already found to be without merit.

“There is nothing in the subject motion that could warrant a reversal of the same as the movant has not included any new argument which would convince this court to rule otherwise,” the court said in the resolution promulgated on January 22, 2019.

“Thus, her assertions that there was a violation of such constitutional right must necessarily fail,” the court said.

Garcia is facing the three cases for the purchase of ten parcels of land which were classified as coastal timberland.

The court denied the motion to dismiss filed by Garcia last year.

There was likewise no change in the way the justices comprising the special division decided on the case, with Division Chairperson Oscar Herrera, Associate Justices Lorifel Pahimna, and Efren de la Cruz denying the motion and Associate Justices Michael Frederick Musngi and Geraldine Faith Econg dissenting from the majority opinion.