The Controversial Suspension of Cebu Governor Gwen Garcia: A Matter of Legality and Politics
Ombudsman questions Gwen inquiry
In the turbulent month of April 2025, Cebu Governor Gwen Garcia found herself in the crosshairs of controversy when the Office of the Ombudsman slapped her with a six-month preventive suspension, a move that's stirring up a storm of debate. Let's delve into the nitty-gritty of this contentious situation.
It all went down on Tuesday, April 29, when the governor questioned the legality of her suspension, alleging it to be an unwarranted, illegal act. She invokes the Omnibus Election Code provision that prohibits suspending elective officials without approval from the Commission on Elections (Comelec) during the election period, which ranges from January 12 to June 11, 2025.
However, Garcia has yet to receive any complaints levied against her, nor has she been given a chance to respond before the suspension was issued. Her response: "No Comelec approval was secured prior to the issuance of this suspension."
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Garcia claims that the suspension was released barely two weeks before the May 12 midterm elections, raising suspicions of political motivation. She's enlisted her lawyers to challenge the suspension.
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The Ombudsman, on the other hand, deemed the suspension "immediately executory," indicating that Garcia's salary would stop and the reclamation proceedings would commence. This marks the first preventive suspension Garcia has faced since her 2013 election when she was suspended for a month due to grave abuse of authority charges by then Vice Governor Gregorio Sanchez.
Fast forward to December 2012, when Garcia was suspended for a month over allegations of grave abuse of authority. Yet, Garcia maintained then, as she does now, that the suspension was politically motivated to bolster the administration's candidate during the 2013 midterm elections.
The preventive suspension order was issued on April 23, 2025, based on an administrative complaint alleging Garcia committed grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service, and violations of RA 6713 (Code of Conduct for Public Officials and Employees).
Garcia obtained a Special Permit 2024-09 on May 14, 2024, which granted Shalom Construction Inc. permission to carry out desilting activities on the Mananga River in Talisay and the Lusaran River in Cebu City. These waterways fall within the Central Cebu Protected Landscape.
The complainant, Moises Garcia Deiparine, alleges that the permit was issued without the necessary environmental compliance certificate or certificate of non-coverage from the Department of Environment and Natural Resources (DENR), or clearance from other agencies.
Garcia has justified the permit issuance by stating it was a matter of urgency to alleviate the El Niño phenomenon-induced water crisis affecting the Metropolitan Cebu Water District franchise area. From July 2023 to June 2024, the Philippines experienced an El Niño phenomenon, resulting in severe water shortages and rationing in several areas.
The desilting activities were performed with the support from the Cebu Provincial Board, which declared a state of calamity. According to Garcia, "There was no personal interest or malice involved - only a deep sense of responsibility to act swiftly in the face of the growing burden and suffering of the Cebuanos due to the dwindling water supply, not to mention the potential health hazards caused by the unavailability of clean water."
In her statement, Garcia also pointed out that Deiparine is openly affiliated with partisan political groups. She added, "It is important to note that the complainant is a known political figure affiliated with partisan groups. We will allow the facts - not political motivations - to speak for themselves."
- In the midst of political debates, Cebu Governor Gwen Garcia's preventive suspension over environmental concerns has come under question, with many wondering about its relation to the upcoming elections in May 2025.
- Governor Gwen Garcia has claimed that the abrupt release of her suspension, which raises doubts about its political motivation, comes just two weeks before the elections, potentially influencing the voting public.
- One of the controversies surrounding the suspension involves a desilting permit granted to Shalom Construction Inc., which Garcia issued for urgently addressing an El Niño-induced water crisis.
- Garcia's opponents, such as Moises Garcia Deiparine, allege that this permit was issued without the proper environmental certificates or clearances from relevant agencies, putting the environment at risk.
- However, Garcia argues that the desilting activities, supported by the Cebu Provincial Board and carried out during a declared state of calamity, were necessary to alleviate the severe water shortages that plagued the Metropolitan Cebu Water District franchise area, thus safeguarding public health.
- The ongoing legal battle between Governor Gwen Garcia and her opponents over the suspension and the desilting permit also continues to dominate policy-and-legislation discussions, shaping the general news landscape of Cebu during the election period.
