Byron asks Ombudsman to probe 3 Mandaue fiscals

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BYRON Garcia, a former Cebu Capitol consultant, is continuing his legal fight by filing complaints against three Mandaue prosecutors over what he described as due process violations.

The brother of Cebu governor Gwendolyn Garcia on Wednesday, July 22, filed criminal and administrative complaints before the Office of the Ombudsman for the Visayas against Associate Prosecutor Mariven B. Calamba, Deputy City Prosecutor Sarah Vanessa M. Lacno-Tudtud, and City Prosecutor Mary Francis M. Daquipil of the Mandaue City Office of the City Prosecutor.

“Sa mga prosecutor sa Mandaue, I am going to make them realize their mistake,” Garcia said in an interview after filing his complaint.

In his complaint-affidavit, Garcia accused the three prosecutors of violating Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, alleging that they committed irregularities in handling the complaints filed against him.

He also filed administrative charges for grave misconduct, gross neglect of duty, abuse of authority, gross incompetence, gross negligence, conduct unbecoming of a public official, and conduct prejudicial to the best interest of the service.

Garcia claimed that he and his legal counsel were not served subpoenas on time, preventing them from reviewing the complaints and filing the necessary responses before warrants of arrest were issued.

He said the alleged lapses deprived him of the opportunity to challenge the complaints before the cases proceeded.

"Nagyawyaw nako 'unsa namo mga piskal diha oy ngano gi-surambaw mani ninyo?' wala man jud koy nadawat... Sige nako reklamo nila asa naman ni akong mga subpoenas," he said.

The complaints involved the Safe Spaces Act case filed by Capitol health consultant Elisse Nicole Catalan, daughter of Cebu Gov. Pamela Baricuatro.

Authorities arrested Garcia on June 11 at the Talisay City Fish Port after serving a warrant connected to the Safe Spaces Act complaint.

He posted bail on June 13 after spending two nights in police custody.

Garcia also previously sought a Commission on Human Rights investigation into the police officers who handled his arrest and detention.

In a complaint filed in June, Garcia accused Police Lieutenant Colonel Homobuno Sayon and other unidentified police personnel of allegedly failing to properly consider his medical condition while he was in custody.

Garcia said he experienced health complications during his detention, including elevated blood sugar levels, and claimed his medication was not immediately accessible after he was transferred to a detention cell.

“Di to lalim nga nisuffer ko og three hours og hyperglycemia. Nagkuan ko ato microstroke ko ato,” Garcia said, adding that he confirmed the condition after undergoing a Magnetic Resonance Imaging (MRI) scan.

Through his complaint before the Ombudsman, Garcia asked authorities to determine whether probable cause exists to hold the prosecutors criminally liable and whether sufficient evidence exists for administrative liability.

Garcia’s pending criminal cases remain set for further proceedings, with his arraignment and pre-trial conference scheduled on July 29.(MyTVCebu)