Garcia files complaint against Ombudsman

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CEBU CITY — Gov. Gwendolyn Garcia has lodged an election offense complaint against Ombudsman Samuel Martires before the Commission on Elections (Comelec), alleging violation of the Omnibus Election Code over her recent suspension.

A post by Sugbo News, the Cebu Provincial Capitol's official social media arm, said Garcia filed a 10-page complaint with the Comelec Law Department on May 7, 2025.

The governor contended that Martires committed an election offense under Section 261(x) of Batas Pambansa Bilang 881 by issuing a six-month preventive suspension order against her without obtaining prior Comelec approval.

The suspension was served on April 29, just 13 days before the May 12 midterm elections.

Section 261(x) prohibits the suspension of any elective provincial, city, municipal, or barangay officer during the election period without prior approval from the Comelec.

The election period spans 90 days, starting 60 days before and ending 30 days after election day. An exception exists for suspensions related to offenses punishable under Republic Act (RA) 3019, the Anti-Graft and Corrupt Practices Act.

However, Garcia's complaint emphasizes that the charges against her, filed by Moises Garcia Deiparine, are administrative in nature, including grave abuse of authority, gross misconduct, serious dishonesty, negligence, conduct prejudicial to the best interest of the service, and violation of RA 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees.

The complaint affidavit states: "These are purely administrative in nature and fall entirely outside the legal exception that might have justified the preventive suspension during the election period."

Deiparine's complaint arose from Garcia's issuance of a special permit to a contractor for desilting activities on the Mananga River, which had dried up due to a prolonged drought from 2023 to 2024, leading to a severe water crisis affecting millions in Metro Cebu.

Garcia asserts that the decision was made after thorough consultations with various government agencies.

These include the Department of Public Works and Highways (DPWH), the Mines and Geosciences Bureau, the Environmental Management Bureau, the Department of Environment and Natural Resources, the Protected Area Management Board, and other stakeholders.

The governor's affidavit notes that the intervention led to the restoration of water levels at the Jaclupan Dam, which sources water from the Mananga River, enabling the Metro Cebu Water District (MCWD) to fulfill its commitments to consumers.

"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.

Garcia also questioned the Ombudsman's interpretation of the facts.

She highlighted that Martires compared the Capitol's intervention on the Mananga River to the environmental controversy involving Bohol's Chocolate Hills, labeling the desilting activity as "quarrying," which he deemed worse than the Bohol issue.

"With his statements, it is clear that respondent is determined to remove me as governor of Cebu at all cost," the governor added.

As of this writing, the Comelec has not issued a statement regarding the complaint.