For violation of Omnibus election code: Garcia sues Ombudsman

CEBU, Philippines — Cebu Governor Gwendolyn Garcia has filed a complaint against Ombudsman Samuel Martires before the Commission on Elections (Comelec), accusing him of committing an election offense over the suspension order he slapped against her.

In her ten-page affidavit-complaint, Garcia charged Martires for violating Article XXII, Section 261(x) of Batas Pambansa Blg. 881, or the Omnibus Election Code, which prohibits suspending a local elective official without Comelec’s prior approval.

“Notably, the Order was issued and served on 29 April 2025, well within the 90-day prohibited period before the 12 May 2025 elections. The Order emphasized that it was immediately executory, immune to any motion, appeal, or petition unless otherwise enjoined by the Ombudsman or a competent court,” the complaint stated.

She was charged with Grave Abuse of Authority, Gross Misconduct, Serious Dishonesty, Gross Negligence, Conduct Prejudicial to the Best Interest of the Service, and violation of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).

Garcia further said the suspension order was a four-page document that did not include a copy of the complaint or any attachments.

“Worse, the Preventive Suspension order was issued and served without any written approval from this Honorable Commission,” she said.

Garcia questioned both the timing and the legality of the suspension, as she emphasized that the order lacked any reference to a violation of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act—the only exception allowed by law for such a suspension during elections.

In this case, she said, the preventive suspension order does not cite RA 3019 “not by an iota of imagination” as its basis.

Garcia’s suspension is related to a case filed by Moises Deiparine alleging that the governor issued Special Permit No. 2024-09 to Shalom Construction, Inc., on May 14, 2024, without an Environmental Compliance Certificate (ECC).

According to Deiparine, the issuance of the special permit lacked a Certificate of Non-Coverage (CNC) from the Department of Environment and Natural Resources (DENR).

Garcia stressed that the charges filed against her were administrative in nature and do not fall within the legal exceptions that would allow a preventive suspension during the election period.

She further accused Martires of violating Rule V, Sections 15 and 16 of Comelec Resolution No. 11059, which clearly require written Comelec approval before a suspension order can be enforced against a local elective official.

Garcia pointed out that since the preventive suspension order was issued just 13 days before the May 12 elections, it falls within the election period and is, therefore, prohibited by law.

“It is clear,” Garcia said, “that Martires issued the Preventive Suspension Order against her in blatant violation of the Omnibus Election Code and Rule V, Sections 15 and 16 of Comelec Resolution No. 11059.”

“In view of the gravity of the offense and the paramount need to uphold the sanctity of the upcoming 12 May 2025 National and Local Elections, it is incumbent upon this Honorable Commission to hold Respondent liable for election offense under Article XXII, Section 261(x) of Batas Pambansa Blg. 881 or the Omnibus Election Code and impose the penalties of imprisonment of not less than one year but not more than six years and shall not be subject to probation, disqualification to hold public office, and deprivation of the right of suffrage,” part of the affidavit-complaint reads.

Garcia added that Martires, rather than addressing these alleged legal violations, went on the offensive to justify the suspension order. She said he even compared her case to the Chocolate Hills controversy in Bohol and declared it was “worse.”

Garcia has earlier explained the necessity of issuing the permit as it was needed to address the water shortage in Cebu City and neighboring localities.

In her complaint against Martires, Garcia recounted what transpired prior to the issuance of the permit, noting that from the latter part of 2023 to mid-2024, the country faced one of the most severe El Niño phenomena in recent history, prompting the entire province of Cebu to be placed under a state of calamity.

Approximately 3,325,385 residents reportedly faced serious health risks due to the lack of clean and safe water.

In response, Garcia said she initiated a series of inter-agency coordination meetings with the Department of Public Works and Highways (DPWH), the Mines and Geosciences Bureau, the Environmental Management Bureau of the Department of Environment and Natural Resources (DENR), the Protected Area Management Board (PAMB), and other public and private stakeholders.

The solution, she said, was to desilt the Mananga River to restore water flow to the Jaclupan Dam, which was deemed necessary to immediately address the water crisis.

“There was no personal interest or malice involved—only a deep sense of responsibility to act swiftly in the face of the growing burden and suffering of the Cebuanos due to the dwindling water supply, not to mention the potential health hazards caused by the unavailability of clean water,” she said.

Garcia said the desilting efforts enabled the Metropolitan Cebu Water District (MCWD) to supply clean water to Cebu, Talisay, Mandaue, Lapu-Lapu, and the municipalities of Compostela, Liloan, Consolacion, and Cordova.

“However, instead of being commended for taking swift and decisive action to prevent a disaster affecting eight cities and municipalities, I was, to my great shock and dismay, unjustly slapped with a Preventive Suspension Order,” she said. — (FREEMAN)