MANILA – Ombudsman Samuel Martires lambasted Cebu governor Gwen Garcia for refusing to follow the six-month suspension order his office issued against her.
According to Martires, Garcia’s defiance “did not come as a surprise” as she also did this in a previous suspension order from ex-Ombudsman Conchita Carpio Morales in 2018.
“The public declaration of suspended Cebu governor Gwen Garcia that she will remain in office notwithstanding the valid suspension order issued by the Office of the Ombudsman that was implemented and served upon her did not come to us as a surprise. This is not the first time Governor Garcia has defied the rule of law, particularly the lawful order and decision of the Office of the Ombudsman,” Martires said.
Martires cited grave abuse of authority due to the issuance of a special permit to a construction company without lawful basis as the grounds of the suspension.
“In this instance, Cong. (now Governor) Gwen Garcia defied the Ombudsman’s Decision and without any Court Order remained in Office until June 2019 because the Decision of the Ombudsman was not implemented by the leadership of the House of Representatives,” Martires said.
Martires said that his office has always observed due process, including in the issuance of the suspension order against the Cebu governor.
“We would like to assure the good Governor that due process was observed in the issuance of the preventive suspension order. For her guidance, a preventive suspension order is issued before the start of the investigation. The requirement of Section 24 of Republic Act 6770 (The Ombudsman Act of 1989) was strictly followed,” Martires said.
“A preventive suspension is issued to preserve the documents and evidence pertaining to the case which are under their control and custody, and the possibility of being tampered with; to prevent the harassment of witnesses, and in order to avoid the commission of further malfeasance or misfeasance in office. Governor Garcia owes the Ombudsman an apology for its unfounded accusation and malicious insinuation that politics is involved in the issuance of the preventive suspension order because the Ombudsman is an appointee of former President Rodrigo Duterte,” he added.
The Ombudsman said his office will “always apply the law justly and fairly” and recognizes the right of the Respondent, in this case Garcia, to be presumed innocent.
Meanwhile, President Ferdinand “Bongbong” Marcos Jr. himself indirectly disagreed with the suspension order, saying that Garcia must be treated “fairly” while the legal issues concerning the suspension order against her are not yet resolved.
“I have been made aware of the preventive suspension issued against Governor Gwendolyn Garcia of Cebu,” Marcos said in a statement posted on his official Facebook account.
“Governor Garcia has served Cebu with strength and consistency. Until all legal questions surrounding this suspension are resolved, she deserves to be treated fairly and with the respect owed to her office,” he added.
Marcos said any action that affects the mandate of a duly elected official must go through the proper channels and must be under the Constitution and the Omnibus Election Code./PN
