Ombudsman slaps Garcia with 6-month preventive suspension

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CEBU CITY —The Office of the Ombudsman has ordered the six-month preventive suspension without pay of Cebu Gov. Gwendolyn Garcia over alleged violation of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

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

The suspension, dated April 23, 2025, is immediately executory pending the resolution of the case, regardless of any appeals or motions filed, unless overturned by a competent court.

The administrative complaint was filed by Moises Garcia Deiparine, who alleged that the governor issued Special Permit No. 2024-091 to Shalom Construction, Inc. on May 14, 2024, even without an Environmental Compliance Certificate nor a Certificate of Non-Coverage from the Department of Environment and Natural Resources (DENR).

The complainant also claimed the decision was made without prior consultation or coordination with relevant government agencies.

Garcia confirmed the Ombudsman's order and issued a statement on Tuesday, April 29, expressing her disagreement with its basis and necessity.

"I respect the processes of the law, but I must respectfully disagree with both the basis and the necessity of this action," she said.

The governor said the permit was issued to address an urgent water shortage that severely affected the Metropolitan Cebu Water District's franchise area, including Cebu City and seven other local government units.

She said the decision was made in coordination with the DENR, Environmental Management Bureau and the Mines and Geosciences Bureau.

This was made after the Provincial Board had declared Cebu under a state of calamity, she added.

The governor maintained that her administration acted without malice or personal interest, and that the goal was to immediately alleviate the water crisis through the desilting of the Mananga River.

Garcia also claimed her office was not given notice of the complaint and was denied the chance to respond before the suspension was issued.

Garcia also questioned the credibility of the complainant, pointing out his political affiliations, and criticized the timing of the order, which was released just weeks before the May 2025 elections.

Garcia also highlighted in her statement that Deiparine is the founder of the support group Duterte Riders Team and Ombudsman Samuel Martires was appointed by former president Rodrigo Duterte.

She said the suspension violated Section 261(x) of the Omnibus Election Code, which prohibits suspensions of elected officials during the election period without prior approval from the Commission on Elections.

"My legal team is already taking the necessary steps to challenge this preventive suspension through the proper legal channels. I have full faith that truth and justice will prevail," she said.

Despite the suspension, Garcia vowed to remain committed to her responsibilities as governor.

"No political maneuvering, no malicious attacks, and no unjust actions will ever deter me from fulfilling my sworn duty," she said.

Deiparine, in a text message to The Manila Times, confirmed the authenticity of the first page of the Ombudsman document which circulated on social media.