Ombudsman wants CA to void TRO blocking Gwen Garcia’s suspension

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The Ombudsman says the Court of Appeals' temporary restraining order reinforce 'the perception that political giants in this country can act with impunity'

MANILA, Philippines – The Office of the Ombudsman asked the Court of Appeals (CA) Special Seventh Division to take back the temporary restraining order (TRO) issued on the six-month preventive suspension of outgoing Cebu Governor Gwendolyn Garcia.

“Allowing the TRO to remain in effect …sends a troubling message: that legitimate grievances and complaints of graft and corruption, properly brought before the Ombudsman, can be nullified by a provisional remedy issued in contravention of established rules and jurisprudence,” Ombudsman Samuel Martires wrote in a 24-page reply sent to the CA on May 30, 2025.

The Ombudsman said that the CA’s TRO reinforced “the perception that political giants in this country can act with impunity.” Garcia recently lost her reelection bid to Duterte ally, Pamela Baricuatro.

Martires noted Garcia was able to get away with her preventive suspension — a product of complaints she is facing for Grave Abuse of Authority, Gross Misconduct, Serious Dishonesty, Gross Negligence, Conduct Prejudicial to the Best Interest of the Service and for violating the Code of Conduct and Ethical Standards for Public Officials and Employees.

The Ombudsman suspended Garcia for six months on April 23 as charges are investigated. But the CA issued the TRO on the preventive suspension on May 15.

This stemmed from administrative charges filed by Cebu resident Moises Deiparine in relation to a criminal complaint the governor is facing for violating the Anti-Graft and Corrupt Practices Act (RA 3019).

In 2024, Garcia allegedly issued an unlawful special quarry permit on May 14 to Shalom Construction, Inc.

The governor gave the company the greenlight to desilt the Mananga River without the required Environmental Compliance Certificate.

She defended the move and said the permit was necessary because it addressed a necessity — the entire franchise area of the Metropolitan Cebu Water District (MCWD), which includes Cebu City and seven other local government units, had been dealing with a critical water shortage.

“Only by desilting the Mananga River could the situation be immediately alleviated and the water crisis addressed,” Garcia previously said.

Garcia refused to comply with the preventive suspension order from the Ombudsman. Citing advice from her counsel, she said the preventive suspension from the Ombudsman was against the Local Government Code and the Omnibus Election Code as it was issued during an election period.

However, Martires emphasized its Constitutional power to suspend, dismiss, or remove public officials from service. He also noted that the Ombudsman is excluded from the prohibition during an election period.

“It is neither dependent nor conditioned upon the issuance of any enabling legislation,” the Ombudsman wrote.

“It is a power directly conferred by the Constitution… and the exercise of such power is unqualified and not subject to the vagaries of Congress or opinion of Government officials.” – Rappler.com