Garcia says she won't step down

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CEBU CITY — Cebu Gov. Gwendolyn Garcia said she is not stepping down from her post despite the preventive suspension order issued against her by the Office of the Ombudsman.

CLARIFICATORY LETTER Cebu Gov. Gwendolyn Garcia signs a clarificatory letter on April 30, 2025, addressed to Interior and Local Government Secretary Juanito Victor Remulla, questioning the legality of the preventive suspension order issued against her by the Office of the Ombudsman. PHOTO BY KAISER JAN FUENTES

She asserted on Wednesday, April 30, 2025, a day after her suspension surfaced to the public, that the order violates election-related prohibitions and lacks the required approval from the Commission on Elections (Comelec).

In a press conference at the Cebu Provincial Capitol, Garcia announced that she has written a clarificatory letter to Department of the Interior and Local Government (DILG) Secretary Juanito Victor Remulla, questioning the legality of implementing the suspension during the ongoing election period.

"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 accusations stemmed from her alleged issuance of a special permit to Shalom Construction, Inc. in May 2024 without securing an Environmental Compliance Certificate or Certificate of Non-Coverage from the DENR.

In her letter dated April 30 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 the Comelec.

"Any suspension of local elective official 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 11059, which prohibits suspension of elective officials from Jan. 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).

This is echoed by her lawyer Alex Avisado, who serves as Garcia's legal counsel in Manila and has been designated as the lead counsel for the matter.

Avisado also said the imposition of preventive suspension at this point is no longer allowed.

He said their legal team advised Garcia to remain in office and emphasized that it is well within Garcia's rights to continue performing her duties as governor of the Province of Cebu.

He stressed that there is no defiance of the Ombudsman's order. According to him, Garcia is merely exercising the legal remedies available to her under the law.

Meanwhile, during the press briefing, she also addressed concerns surrounding the timing of the suspension, which was issued 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.

When asked whether she would file a motion for reconsideration, Garcia declined to reveal legal strategies, saying, "it's always good to keep our cards close to our chest."

The DILG has yet to issue a statement in response to Garcia's letter.