Former Cebu Capitol consultant Byron Garcia filed criminal and administrative complaints against three Mandaue City prosecutors, accusing them of violating his right to due process in the handling of criminal cases filed against him.
Garcia submitted his complaints before the Office of the Ombudsman Visayas on Wednesday, July 22, against Associate Prosecutor Mariven B. Calamba, Deputy City Prosecutor Sarah Vanessa M. Lacno Tudtud, and City Prosecutor Mary Francis M. Daquipil.
He accused the prosecutors of possible violations of Section 3(e) of Republic Act No. 3019, or the Anti Graft and Corrupt Practices Act, and asked the Ombudsman to investigate their possible criminal liability.
Garcia also filed administrative complaints 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.
“Sa mga prosecutors sa Mandaue, I am going to make them realize their mistake,” Garcia said after filing the complaint.
In his complaint affidavit, Garcia alleged that the prosecutors committed procedural lapses while handling six criminal complaints filed against him by Elisse Nicole Catalan, daughter of Cebu Governor Pamela Baricuatro.
He claimed that he and his lawyer were not properly served subpoenas, preventing them from submitting counter affidavits before the cases were filed in court and arrest warrants were issued.
Garcia said he only learned about the online gender based sexual harassment complaints filed under Republic Act No. 11313, or the Safe Spaces Act, after his arrest. He added that he discovered the cyber libel complaints through his own efforts.
According to Garcia, records showed that subpoenas were allegedly sent through registered mail to his residence but were returned with the notation “No one to receive.”
He questioned the attempted service, saying his family has continuously lived at the address and that adult household members were usually present.
He also cited a certification from the Corona del Mar Homeowners Association stating that no Philippine Postal Corporation personnel entered the subdivision on Feb. 19, 2026, the date when the subpoena was allegedly attempted to be served.
Garcia said the alleged failure to properly serve the subpoenas deprived him of his opportunity to participate in the preliminary investigation.
“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,” Garcia said.
The complaint also cited an order from the Regional Trial Court Branch 83 in Mandaue City granting Garcia’s motion for leave to conduct a reinvestigation.
Garcia said the court noted that the alleged subpoena service lacked sufficient details, including the identity and signature of the person who supposedly attempted delivery.
Authorities arrested Garcia on June 11 at the Talisay City Fish Port after serving a warrant related to the Safe Spaces Act complaint.
He posted P108,000 bail on June 13 after spending two nights in police custody.
Following his arrest, Garcia also filed a complaint before the Commission on Human
Rights against Police Lieutenant Colonel Homobuno Sayon and other police personnel, alleging that his medical condition was not properly considered while he was detained.
“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 through an MRI scan.
The Ombudsman complaint seeks to determine whether probable cause exists for the criminal allegations and whether sufficient evidence supports the administrative charges./ with reports from Kaiser Jan Fuentes
Photo by Kaiser Jan Fuentes
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