Gwen, contractor cleared of graft charges

Local

THE Office of the Ombudsman has cleared former Cebu governor Gwendolyn Garcia and a contractor of graft charges stemming from the Mananga River desilting project.

In a resolution promulgated on August 29, 2025, the Ombudsman’s Special Panel of Investigators found that the evidence presented against Garcia and Anthony James Limchesing did not establish any violation of Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.

The complaint, filed by private citizen Moises Garcia Deiparine, accused Garcia of granting unwarranted benefits to Shalom Construction Inc., represented by Limchesing, by issuing a special permit for desilting operations in the Mananga River in Talisay City without the necessary environmental clearance from the Department of Environment and Natural Resources (DENR).

The Ombudsman ruled that the complainant “failed to provide evidence sufficient to engender belief in an ordinarily prudent and cautious man that the offense charged has been committed by the respondents,” adding that the allegations lacked both legal and factual basis.

The 25-page resolution, signed by Graft Investigation and Prosecution Officers May B. De Guzman, Corinne Joie M. Garillo-Arellano, Ryan O. Silvestre, and Mark Angelo M. Dolo, and approved by Graft Investigation and Prosecution Bureau Director Ryan Q. Medrano, was released to the media on October 22.

Garcia’s legal counsel, Benjamin Cabrido, said the desilting was carried out in good faith as part of emergency measures to address Metro Cebu’s water shortage during the 2024 El Niño dry spell.

He stressed that the project did not violate environmental laws.

Garcia had earlier raised concern over what she described as the Ombudsman’s misappreciation of the project, following remarks made by Ombudsman Samuel Martires in an April 29 interview where he likened the Mananga River activity to quarrying.

Martires at the time confirmed the issuance of a six-month preventive suspension order against the governor, calling the case “worse than the Chocolate Hills issue” in Bohol, which involved a resort built in a protected area.

Garcia countered that the project involved desilting and not quarrying.

She explained that the initiative stemmed from a 2024 inter-agency effort to address the dwindling water supply at the Jaclupan Dam amid a prolonged drought.

After the ruling, Garcia expressed gratitude to the Ombudsman personnel responsible for the decision, noting that they had thoroughly investigated and judiciously decided, remaining true to their oaths to uphold the law.

She described Deiparine as a “hapless pawn” used by more powerful forces intent on politically harming her and said he would now face the consequences of his actions.

Garcia also emphasized her belief that, despite attempts by some to misuse power, truth and justice will ultimately prevail.

In a separate ruling issued on July 16, 2025, the Ombudsman found Garcia administratively liable for conduct prejudicial to the best interest of the service and simple misconduct over the same project.

She was fined the equivalent of six months’ salary, or about P1.2 million, after her term ended on June 30, 2025.

Garcia’s legal team has since filed a motion for reconsideration of the administrative ruling, invoking the “doctrine of necessity” and maintaining that her actions were justified in light of Cebu’s water crisis at the time.(MyTVCebu)