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THE Department of the Interior and Local Government (DILG) is holding off on enforcing the Ombudsman’s preventive suspension order against Cebu Gov. Gwendolyn Garcia, citing the need for guidance from the Commission on Elections (Comelec) amid the ongoing campaign period.

DILG Undersecretary for Public Affairs and Communications Rolando Puno confirmed on Friday, May 9, said that the department has formally sought Comelec’s advice on the implementation of the suspension order and is awaiting an official reply before taking further action.

“The DILG is not sitting on the matter,” Puno told reporters. “It’s legitimate for us to wait for Comelec’s reply on the suspension order, especially after their pronouncement on the need for Comelec approval.”

He pointed out that while the Ombudsman has issued a preventive suspension order, Comelec Chairman George Garcia himself has stated that the execution of such orders during the campaign period may require Comelec’s clearance.

The preventive suspension stems from a case filed against Garcia over her issuance of a special permit allowing quarry operations in parts of the Mananga River, a protected area within the Central Cebu Protected Landscape (CCPL).

The Office of the Ombudsman has found prima facie evidence to warrant her temporary removal from office while the case is under investigation.

Garcia, who is seeking reelection in the May 12 polls, has refused to vacate her post, saying her camp has sent queries to clarify the implications and timing of the suspension.

Speaking in a press conference on April 30, Garcia asserted that she remains governor and will continue to discharge her duties while legal clarification is pending.

“I will continue to serve the Cebuanos in the best possible way that I can within the bounds of law,” Garcia said. “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’s legal team is also sending a letter to DILG Secretary Juanito Victor 'Jonvic' Remulla to seek guidance on the Ombudsman’s decision.

The governor has maintained that the permit she issued was meant to desilt the Mananga River, a major tributary in Cebu, to address water shortages during the 2024 El Niño season.

She also denied acting out of personal interest when granting Shalom Construction Inc. the permit to carry out the work.

Meanwhile, Garcia may face additional legal challenges, as an anonymous complainant, represented by lawyer Inocencio dela Cerna, is set to file three separate cases against her: disqualification, usurpation of authority, and electioneering.

In a press conference on May 8, Dela Cerna said the cases will be filed with either the Comelec or the Ombudsman, depending on the jurisdiction of each matter.

According to Dela Cerna, the disqualification complaint concerns Garcia’s answer of “not applicable” on her Certificate of Candidacy (CoC) when asked about pending cases.

The team claims that Garcia currently has two active cases before the Supreme Court: Hilario P. Davide vs. Gwendolyn F. Garcia and Agnes Magpale vs. Gwendolyn F. Garcia.

“There is mental dishonesty by not divulging these cases,” Dela Cerna said, though he clarified that merely having cases does not imply guilt.

The usurpation of authority case will argue that Garcia is unlawfully continuing to function as governor despite a valid suspension order from the Ombudsman.

Dela Cerna also raised concerns over alleged electioneering, particularly pointing to Sugbo News, the province’s official media arm, which they claim has adopted a public relations-like tone in its coverage of Garcia.

“Sugbo News should be in favor of the welfare of Cebu Province and not of a certain individual,” Dela Cerna said, warning that such behavior could constitute an election offense.

Despite the proximity of the May 12 elections, Dela Cerna maintained that the actions of the complainant are not politically motivated.

“He has no leaning whatsoever,” he said of his client. “These cases are not for his benefit, nor ours, but for the people of Cebu.”

Dela Cerna added that much of the documentary evidence only came to light on May 7, prompting the team to rush the filing of the cases, which they are targeting to submit by Friday, May 9.

“Even if the elections conclude, it will not preclude us from continuing to file this case,” he said.

The Ombudsman’s suspension order against Garcia, Cebu’s most politically dominant figure, lands just two weeks before the election, intensifying an already heated campaign season.

As of this writing, Garcia remains in office and continues to campaign for her third consecutive term as governor.(TGP)


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