Cebu Governor Defends Refusal to Step Down Amid Suspension
Cebu Governor Gwendolyn Garcia firmly maintains that her decision not to step down following a preventive suspension order does not constitute defiance. The governor’s legal team explained that she sought legal recourse by challenging the suspension’s legality. This legal action has sparked debates on the enforcement of suspension orders during sensitive political periods.
According to sources familiar with the matter, Garcia’s lawyer filed a petition before the Court of Appeals to contest the suspension order issued by the Office of the Ombudsman. “Gov. Gwen Garcia actually challenged the legality of the issuance of the Preventive Suspension Order before the Court of Appeals by way of a Petition for Certiorari and Prohibition,” the counsel said.
Temporary Restraining Order Halts Suspension Enforcement
On May 15, the Court of Appeals’ Special Seventeenth Division granted a Temporary Restraining Order (TRO), halting the enforcement of the April 23 suspension order. This TRO effectively prevented the Ombudsman and its officials from executing the suspension.
The governor’s lawyer emphasized, “With the issuance of this TRO from the Court of Appeals, there is therefore no legal basis to cite Gov. Garcia for indirect contempt. Like any ordinary citizen, she merely availed of her legal remedies. Fortunately for Gov. Gwen Garcia, the Court of Appeals sustained her contention that this Preventive Suspension Order is patently illegal and was issued with grave abuse of discretion.”
Ombudsman Issues Show-Cause Orders Amid Suspension Controversy
Despite the TRO, the Office of the Ombudsman issued a show-cause order directing Governor Garcia to explain her alleged defiance of the suspension. An order dated May 19 requested her response within five days, citing her public refusal to comply.
“Records show that you received the copy of the order on 29 April 2025 and despite the implementation thereof by this Office and its immediately executory nature, you have publicly avowed not to abide by the order on suspension,” the Ombudsman stated.
Garcia’s suspension stems from allegations that she granted a special permit to conduct desilting activities in the Mananga River, a protected area in Talisay City, during the 2024 El Niño phenomenon without securing the required environmental clearance.
Additional Show-Cause Order for Government Official
In addition, Interior and Local Government Undersecretary for Public Affairs and Communications Rolando Puno received a show-cause order to explain why he should not be held in contempt for allegedly tolerating the governor’s refusal to comply with the suspension.
Puno explained that enforcement of the suspension was delayed pending clarification from the Commission on Elections (Comelec). He cited Comelec Resolution 11059, which prohibits suspending elective provincial officials during the election period without prior approval from the commission.
Legal Challenge Highlights Election Period Restrictions
This case underscores the complex intersection of administrative orders and election period rules. The governor’s legal challenge and subsequent TRO highlight the challenges authorities face when enforcing suspensions during politically sensitive times.
Local experts observe that the situation raises important questions about the scope of the Ombudsman’s powers and the rights of elected officials under election regulations.
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