Governor Garcia's camp asserts that non-compliance with the Suspension Order should not be construed as defiance.
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Governor Gwen Garcia's team insists their resistance to the Preventive Suspension Order isn't about defying the Ombudsman, but rather standing ground on their legal rights. Here's a lowdown on what's going on:
- Electoral law shield: They refer to Section 261(x) of the Omnibus Election Code, along with Section 62(c) of the Local Government Code. These provisions safeguard elected officials from being suspended within 90 days of an election, without authorization from the Commission on Elections (COMELEC) when the suspension period falls within the election cycle. Since the suspension period (January 12-June 11, 2025) falls under COMELEC Resolution 11059's election period, the team argues the Ombudsman should've first secured written consent from COMELEC.
- Anti-Graft Act exemption: Governor Garcia points out that the charges (Code of Conduct violations) don't implicate the Anti-Graft Act, which is the only exception permitting suspension during election periods according to COMELEC regulations.
- Provinicial authority defense: Garcia maintains her decisions regarding the Mananga River quarry permit were backed by the provincial board, and framed as necessary to address a declared state of calamity due to water shortages. Essentially, her team suggests that the suspension stems from a disagreement in policy interpretations rather than legal infractions.
By taking a stand on procedural compliance (lack of COMELEC authorization) and emergency governance, Garcia's legal crew is trying to spin the resistance as a commitment to upholding higher legal protections, not defiance. [Sources: 3, 5] 🔗 🔗 🔗
- The Ombudsman's Preventive Suspension Order against Governor Gwen Garcia is being contested by her team, who argue that the Ombudsman should have obtained written consent from the Commission on Elections (COMELEC), as per Section 261(x) of the Omnibus Election Code and Section 62(c) of the Local Government Code.
- According to Governor Garcia, the charges resulting in the suspension do not implicate the Anti-Graft Act, making her case an exception to COMELEC regulations that allow suspension during election periods.
- Garcia's team asserts that her decisions regarding the Mananga River quarry permit were supported by the provincial board and were necessary to address a declared state of calamity due to water shortages. They suggest that the suspension is more about a disagreement in policy interpretations than legal infractions.
- By focusing on procedural compliance (lack of COMELEC authorization) and emergency governance, Garcia's legal team presents the resistance as a commitment to upholding higher legal protections, not defiance, in the broader context of politics, policy-and-legislation, general-news, and camp.
