Guv Gwen to ‘stay put’ despite suspension

Local

CEBU Gov. Gwendolyn Garcia is staying in office despite a preventive suspension order from the Office of the Ombudsman.

Garcia argued that the six-month suspension slapped against her lacks approval from the Commission on Elections (Comelec) and violates election-related prohibitions.

In a press conference on Wednesday, April 30, Garcia said the suspension cannot be enforced without Comelec’s clearance, especially during the election period.

She said that she had sent a clarificatory letter to Department of the Interior and Local Government (DILG) Secretary Juanito Victor Remulla questioning the legality of implementing the order at this time.

“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.

The Office of the Ombudsman had earlier ordered her six-month preventive suspension without pay in connection with administrative charges filed by Moises Garcia Deiparine.

The complaint accuses Garcia of grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, and conduct prejudicial to the best interest of the service.

The governor was accused of issuing a special permit to Shalom Construction, Inc. in May 2024 without securing an Environmental Compliance Certificate or Certificate of Non-Coverage from the Department of Environment and Natural Resources.

However, in her letter dated April 30 and addressed to Remulla, Garcia pointed out that Section 62(c) of the Local Government Code and Section 261(x) of the Omnibus Election Code prohibit the imposition of a preventive suspension within 90 days before an election, unless prior written approval is obtained from Comelec.

“Any suspension of local elective officials without prior approval of the Commission on Elections shall constitute an election offense,” Garcia wrote.

She also cited Section 15, Rule V of Comelec Resolution No. 11059, which prohibits suspension of elective officials from January 12 to June 11, 2025, without the Commission’s written approval. Garcia emphasized that such approval has not been secured.

“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,” she stated in the letter.

Garcia added that the suspension order does not fall under the exemption clause, which allows preventive suspensions during the election period only for violations of the Anti-Graft and Corrupt Practices Act (RA 3019).

The charges against her, she noted, do not involve violations of that law but rather stem from alleged misconduct and a supposed violation of the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713).

Garcia’s legal counsel, Atty. Alex Avisado, said the preventive suspension is no longer allowed during the election period.

He said their legal team advised Garcia to stay in office, stressing she is within her rights and is not defying the Ombudsman’s order but exercising legal remedies.

During the press briefing, Garcia also questioned the timing of the suspension, which came just weeks before the May 2025 elections.

“This order coming just a very few days before the election itself… we are in the thick of a very, shall we say, spirited and in more colloquial terms ugly campaign season,” she said.

Asked if she would file a motion for reconsideration, Garcia declined to disclose her legal options. “It’s always good to keep our cards close to our chest,” she said.(MyTVCebu)