TRO allows Gwen to finish term: CA stops Garcia’s suspension

CEBU, Philippines — The Court of Appeals has granted a 60-day Temporary Restraining Order (TRO) stopping the Office of the Ombudsman from enforcing a six-month preventive suspension against outgoing Cebu Governor Gwendolyn Garcia, effectively allowing her to finish her fifth term until noon of June 30.

In a resolution dated May 15, 2025, the Court of Appeals Special 17th Division ordered Ombudsman Samuel Martires to halt the implementation of his April 23 order preventively suspending Garcia over alleged irregularities in the desilting of the Mananga River.

“Wherefore, premises considered, the prayer for the issuance of a Temporary Restraining Order is GRANTED. A Temporary Restraining Order is hereby issued, effective for sixty (60) days from notice, directing the Office of the Ombudsman, through public respondent Hon. Samuel R. Martires, to CEASE from enforcing and implementing the Order dated April 23, 2025 issued in OMB-C-A APR-25-0074,” the dispositive portion of the court order reads.

The TRO was issued in response to a petition for certiorari with prohibition filed by Garcia seeking to stop the Ombudsman’s order, which she claimed was issued without due process and in violation of the Omnibus Election Code.

The anti-graft body placed Garcia under preventive suspension following an administrative complaint filed by Moises Garcia Deiparine, founder of the Duterte Riders Team Philippines.

Deiparine accused the outgoing governor of grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service, and violations of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

Deiparine’s complaint was anchored on Garcia’s decision to authorize the desilting of the Mananga River during the dry season in 2023 until 2024. The move, coordinated with Department of Public Works and Highways (DPWH), Mines and Geosciences Bureau (MGB), Environmental Management Bureau- Department of Environment and Natural Resources (EMB-DENR), Protected Area Management Bureau (PAMB), and various stakeholders, was aimed to restore the flow of water to the Jaclupan Dam of the Metro Cebu Water District (MCWD), which had been hampered by heavy siltation due to the El Niño phenomenon.

“Pending the determination on whether or not the public respondent (Martires) committed reversible error in the issuance of the assailed order, to protect the substantive rights and interest of both petitioner and private respondent, and in order to preserve the status quo until the final determination of the instant petition for Certiorari, the prayer for the issuance of a Temporary Restraining Order is proper,” the appellate court ruled.

In her petition, Garcia argued that the preventive suspension was issued during the prohibited election period and without giving her a chance to explain her side. The order, dated April 23, 2025, was served to her office on May 29—well within the 90-day suspension ban on elected officials during the election season, as provided under the Omnibus Election Code and Comelec Resolution No. 11059.

Garcia publicly announced the TRO during her first appearance since the May 12, 2025 midterm elections at the opening of the R’CEBU showcase at Robinsons Galleria, which highlights tourism and products from Cebu’s 2nd and 6th Districts.

During the event, Garcia acknowledged his political allies who continued to be on her side despite losing her reelection bid.

“It has been said that victory has many father and mothers while defeat is an orphan. We had just witnessed the Midterm Elections last 12th of May 2025. And amidst this seeming defeat of your governor standing before you now, I would like to especially acknowledge those fathers and mothers who refused to leave and have not at least made me an orphan,” Garcia said in her speech.

Garcia, a five-term governor, lost her re-election bid to political newcomer Pamela Baricuatro, who secured a commanding lead with 1,107,924 votes to Garcia’s 765,051. —/FPL (FREEMAN) At least 17 foreign nationals, six of whom have standing warrants of arrest in Taiwan, were arrested by the NBI for their alleged involvement in illegal activities.