Cebu Gov. Garcia defies suspension; Ombudsman says it’s no surprise
Ombudsman Samuel Martires (File photo by NOY MORCOSO / 好色先生TV)
MANILA, Philippines — The pronouncement of Cebu Gov. Gwendolyn Garcia that she will not step down despite the suspension order issued against her “did not come as a surprise” to the Office of the Ombudsman, according to its chief, Samuel Martires.
Garcia was slapped with a six-month preventive suspension a few days before the polls to pave the way for an investigation into the permit she granted to a construction firm that had no environmental clearance.
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In connection to this, Martires asserted that the suspension order is “valid” and that “this is not the first time” Garcia “defied the rule of law,” particularly the one issued by the Ombudsman.
“It must be recalled that Gov. Garcia, who was then a Congressman of the 3rd District of Cebu, was charged before the Ombudsman for the purchase, sometime in 2008, of a property that was later found to be under water,” Martires said in a statement on Thursday.
Citing a decision dated January 15, 2018, Martires disclosed that then-Ombudsman Conchita Carpio-Morales ordered Garcia—who at that time was a member of Congress—to be dismissed from service “with the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility, and forfeiture of retirement benefits.”
“In this instance, Cong (now Gov.) 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,” he added.
Conflicting statements
Martires claimed that Garcia’s statements were conflicting with one another citing her pronouncement that the suspension order against her violates the Commission on Elections (Comelec) rules and another remark, where she asked the Interior and Local Government Secretary Jonvic Remulla to shed light on the Ombudsman’s decision.
“With all due respect, we view this as a misplaced request for an opinion because aside from the Supreme Court, the ONLY government agency tasked to implement and interpret the Omnibus Election Code is the Comelec,” the Ombudsman said.
Citing Garcia, Martires also answered the suspended governor’s claim that the Department of Interior and Local Government (DILG), along with the Philippine National Police, is the office “vested with the authority” to implement the orders issued by the Ombudsman.
“Is the good Governor stripping the Ombudsman of its inherent power to implement its Orders, Decisions and legal processes?” Martires asked.
“As a matter of practice, the Office of the Ombudsman had, in the previous years, tapped the DILG and the various Departments in the Executive Branch, to implement its Orders and Decisions, with respect to officials and employees within their administrative supervision and jurisdiction,” he also said.
“We realized, however, that our decisions and orders were not immediately served and implemented. Worse, it resulted in the leakage of our Orders and Decisions thus giving the respondent the opportunity to seek for an injunctive relief before the Courts. Hence, the Ombudsman decided to put a stop to this practice,” he added.
Due process was observed
Martires likewise assured Garcia that due process was observed in the issuance of the order, based on the requirements of Section 24 of the Republic Act 6770 or the Ombudsman Act of 1989, which states: “The Ombudsman or the Deputies can preventively suspend an officer or employee under their authority pending an investigation. This can be done if the evidence of guilt is strong and the charges involve dishonesty, oppression, gross misconduct, or neglect of duty, or if the respondent’s continued stay in office might prejudice the case.”
“The suspension, without any pay, can last until the case is terminated by the Office of the Ombudsman, but not exceeding six months.”
The Ombudsman stressed that the suspension order was issued “to preserve the documents and evidence” related to the case, which he pointed out is Garcia’s “control and custody.” The order’s purpose is also to avoid the possible tampering of evidence and prevent “harassment of witnesses.”
Garcia owes Ombudsman an apology
Aside from these, Martires also addressed the accusation of Garcia that politics was involved in the order’s release since he was an appointee of former President Rodrigo Duterte.
“Governor Garcia owes the Ombudsman an apology for its unfounded accusation and malicious insinuation,” he said.
On Wednesday, Garcia said she “will continue to serve the Cebuanos in the best possible way that [she] can within the bounds of law,” and will not step down from her position.
This, despite a confirmation from Martires that a preventive suspension was issued against her following complaints that the governor has allegedly violated the Code of Conduct and Ethics for Public Officials.
The case accused Garcia of issuing a special permit to conduct quarrying activities in portions of Mananga River that fell within the Central Cebu Protected Landscape, a protected area.
