Ombudsman orders Gwen Garcia to explain continued defiance of suspension

The Ombudsman has issued a show-cause order against Cebu Governor Gwendolyn Garcia for continuously defying a six-month preventive suspension order issued by the office as early as 23 April. 

In an order dated 21 May and released to the media on Thursday, Ombudsman Samuel Martires directed Garcia to explain within five days of receipt why she should not be cited for indirect contempt for refusing to comply with the suspension and continuing to perform her duties.

“Records show that you received a 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 preventive suspension,” the Ombudsman stated.

Martires also issued a separate show-cause order to Interior and Local Government Undersecretary Rolando Puno, asking him to explain why he failed to implement the suspension despite being fully aware of its mandatory effect. Puno was also given five days to justify why he should not be reprimanded for “tolerating and consenting to the acts of defiance” by Garcia.

Puno reportedly held off enforcement pending clarification from the Commission on Elections (Comelec), which prohibits the suspension of elected officials during the 45-day campaign period without prior clearance.

Comelec Chair George Garcia earlier clarified that preventive suspension orders from the Ombudsman related to violations of the Anti-Graft and Corrupt Practices Act (RA 3019) are exempt from the campaign-period restriction.

Outgoing Governor Garcia’s suspension stems from a special permit she issued in May last year to Shalom Construction Inc. for desilting operations in the Mananga River — a protected area — allegedly without an Environmental Compliance Certificate from the Department of Environment and Natural Resources. The project was reportedly approved without a prior environmental study or inter-agency consultation during the El Niño period.

She faces multiple administrative charges, including grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service, and violations of the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713).

Despite the suspension, Garcia has remained in office and has suggested that the case may be politically motivated. She pointed out that complainant Moises Deiparine is a founder of a pro-Duterte rider group and that Martires is a Duterte appointee.

Martires said Garcia’s refusal to comply came as no surprise, citing her previous defiance of a 2018 Ombudsman decision that dismissed her from office for grave misconduct over the purchase of more than ₱98 million worth of property — much of it underwater.

He emphasized that Garcia owes him an apology for her “unfounded accusation and malicious insinuation” that politics played a role in the suspension.

President Ferdinand Marcos Jr. earlier expressed concern over the timing of the suspension, given its proximity to the election campaign period. Garcia had endorsed Marcos’ senatorial candidates in Cebu, one of the country’s most vote-rich provinces with 3.4 million voters.