Governor challenges Ombudsman’s order: Gwen won’t step down

CEBU, Philippines — “I am not stepping down.” This was the strong declaration of Cebu Governor Gwendolyn Garcia following the Office of the Ombudsman’s order for her preventive suspension for six months over administrative charges involving a controversial special permit issued last year.

Speaking before reporters in a press conference on April 30, Garcia stood her ground, citing legal prohibitions on suspensions during the election period and asserting that the order was issued without due process.

Backed by her legal team, Garcia said she has sent a clarificatory letter to Department of the Interior and Local Government (DILG) Secretary Juanito Victor Remulla, questioning the legality of implementing the suspension in the middle of an election campaign.

She vowed to continue serving as governor while awaiting a formal response from the DILG.

“Pending resolution of my query, I have decided to stay put in office and continue to serve as the governor of this great province of ours,” Garcia said.

“This order came just a few days before the election. We are in the thick of a very, shall we say, spirited and, in more colloquial terms, ugly campaign season… It is imperative that the Province of Cebu portrays this picture and impression of order, of resoluteness and firmness. I will not be perturbed," she added.

The six-month suspension order stems from an administrative complaint filed by Moises Garcia Deiparine.

The complaint alleges that Garcia committed grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service, and violated Republic Act 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees.

The complaint accuses Garcia of issuing Special Permit No. 2024-09 in May 2024 to Shalom Construction, Inc. for desilting activities in the Mananga River, supposedly without securing the necessary Environmental Compliance Certificate (ECC) or Certificate of Non-Coverage from the Department of Environment and Natural Resources (DENR), and without proper consultation with relevant agencies.

Garcia’s defense

Garcia defended her actions, saying the issuance of the permit was a decisive response to a worsening water crisis affecting Cebu City and at least seven other local government units during a severe El Niño episode.

She emphasized that the initiative was not unilateral but was done with the approval of the Cebu Provincial Board, which declared a state of calamity at the time, and in coordination with the DENR, Environmental Management Bureau (EMB), and Mines and Geosciences Bureau (MGB).

“Had the Honorable Ombudsman given me the opportunity to respond before issuing the preventive suspension order, he would have known that the permit in question was issued out of extreme necessity,” Garcia said, as she stressed that they have even yet to receive a copy of the complaint.

Further, in her letter to Secretary Remulla, Garcia argued that the order violates Section 62(c) of the Local Government Code and Section 261(x) of the Omnibus Election Code, which prohibit the suspension of elected officials within 90 days of an election without the Commission on Elections’ (Comelec) approval.

She further cited Section 15, Rule V of Comelec Resolution No. 11059, which bars any suspension—preventive or penal—from January 12 to June 11, 2025, unless prior written approval is granted.

“In the absence of a written approval from the Comelec, it is my respectful position that I am not legally obliged to comply with the preventive suspension order at this point. However, I respectfully defer to your good office to give us the necessary guidance on this matter,” Garcia wrote.

She also pointed out that the suspension is not covered by the only legal exception during the election period—suspensions issued in relation to violations of Republic Act 3019, the Anti-Graft and Corrupt Practices Act. She stressed that the charges filed against her do not involve RA 3019.

Garcia also mentioned that aside from the clarificatory letter, her legal team is preparing legal remedies but will not disclose their next steps.

“We will not telegraph our moves. What should be very clear today is we are writing to Secretary Remulla, and I am not stepping down,” Garcia stressed.

Shortly after the press conference, Garcia continued her campaign trail in southern Cebu.

Not defying Ombudsman’s order

Her lead counsel, Atty. Alex Avisado, emphasized that the governor is not defying the Ombudsman’s order but is exercising her right to exhaust all legal remedies.

He reiterated that preventive suspension is prohibited during the campaign period and affirmed that Garcia’s legal team advised her to remain in office.

“There is no defiance of the Ombudsman’s order. With all due respect, there is no defiance,” Avisado stressed.

Avisado said their team will await the response and instructions from the DILG, which serves as the administrative overseer of local government units and will be responsible for implementing the decision.

Capitol consultant Atty. Rory Jon Sepulveda disclosed that when the order was served on April 29, it lacked accompanying documents, such as the complaint itself, which is typically necessary for a respondent to file a counter-affidavit or position paper. He said this was a violation of Garcia’s right to due process.

Another Capitol consultant, Atty. Ben Cabrido Jr., explained that the desilting operation was not “quarrying", but a collective, documented effort in response to a water emergency.

Contrary to the allegations, he said the desiltation efforts underwent consultation with stakeholders and government agencies—not just the Cebu Provincial Government. Despite this, they noted that Garcia was singled out.

He said that if Garcia had been given a chance to respond, she could have clarified the facts.

“We believe the Honorable Ombudsman was misled or misinformed,” Avisado added, referring to a news interview where the Ombudsman allegedly described the issue as “quarrying,” even suggesting Cebu’s violations were worse than those in Bohol.

Meanwhile, the Metropolitan Cebu Water District (MCWD) issued a statement affirming Garcia’s role in addressing the El Niño-induced water shortage. It confirmed that the desilting of the Mananga River was a coordinated effort with the governor, public agencies, and local government units.

According to MCWD, the drought drastically reduced water production at the Jaclupan Facility from 30,000 to 7,000 cubic meters per day. Following the desilting activities, output significantly improved.

“The Collegial Body led by the Governor acted with urgency, transparency, and a strong sense of public service to address the water crisis. For that, we remain profoundly grateful for her strong and decisive leadership,” MCWD said.

Comelec Chair George Erwin Garcia, in a radio interview, explained that suspensions within 45 days before the election must receive the commission’s approval.

“All suspensions during the campaign period, 45 days before the election, cannot be implemented without the Commission on Elections’ approval,” the Comelec chair said.

He added that even if the suspension is imposed by the Ombudsman, it must still comply with this rule—unless it is related to RA 3019.

As of this writing, the DILG has not released an official response to Governor Garcia’s letter. — /ATO (FREEMAN)