The Department of Interior and Local Government on Wednesday served a six-month suspension order on Cebu Governor Gwendolyn Garcia over an alleged case of abuse of power. A DILG team went to the Capitol to serve the suspension order on Garcia but could not find her, according to a report by radio dzBB's Cebu affiliate Jasmine Baylosis. But Garcia on Wednesday adopted a defiant stance over the six-month suspension order from Malacañang. In a post on her Twitter account, Garcia said whoever was behind the reported order "can do your worst," while she will continue to do her best for her constituents. "To whom this may concern: You can do your worst. I will continue to do my best for Cebu and my beloved Cebuanos," she said. Garcia's staff allegedly refused to sign documents indicating they had received the order while Garcia's supporters were present at the capitol, the dzBB report said. The report said the DILG team then proceeded to the office of Vice Governor Agnes Magpale to administer her oath as officer-in-charge.
The suspension order stemmed from an administrative case filed by the late former vice governor Gregorio Sanchez Jr., GMA Cebu's Alan Domingo said in a report on News to Go Wednesday. The complaint was against Garcia's alleged acts of usurpation, including the hiring of employees and consultants, and slashing the budget of the Office of the Vice Governor, the report said. The supposed
usurpation complaint involved alleged arbitrary moves by Garcia in 2007 to take over the signing of appointments of contractual and casual employees assigned to the Office of the Vice Mayor.
Since last night, Garcia's supporters from all over Cebu had been arriving at the Capitol. Garcia was expected to arrive at the Capitol this morning together with her family, the report said. Not yet effective?
According to Garcia's daughter and legal counsel Atty. Christina Garcia-Frasco, the suspension order is not yet effective, as it must be served personally to the respondent.
"Kahit na siguro nakaiwan ng copy or anything in the capitol grounds, hindi naman po 'yun na suspendido na siya, wala pong epekto yung suspension order na yun," she said in an interview on News to Go.
She also said the suspension order cannot be legal and valid, as the complainant had already died. "Saan ka ba naman po makakakita ng kaso na nagpapatuloy pa rin kahit namatay na yung complainant?" she said, explaining that the late Sanchez's daughter, Gigi Sanchez Zaballero, continued as complainant.
Garcia-Frasco noted that Zaballero is now running for provincial board member, and is an ally of sitting Vice Governor Magpale.
She said they were surprised that the suspension order was served, as they were hoping the case would be dismissed due to "lack of evidence and glaring lapses in procedure."
"Lahat naman po ng mga inakusa nila kay Gov. Gwen, ay authorized under the local govt code. Ikalawa binigyan po ito ng imprimatur and authority ng Sangguniang Panlalawigan," she said.
She stressed that the formal investigation last year should not even have been conducted, as the complainant had died. Apart from this, she said there were many procedural lapses in the investigation. "'Yung investigator himself nag-issue ng preliminary conference order limiting the issues to be tackled during the formal investigation, and yet through the course of the investigation, pinayagan po niya na magbigay ng mga statements and documentary evidence yung kabilang party na hindi naman kasali sa mga issues nung investigation," she said.
Garcia-Frasco also said that during the cross examination of the complainant's witnesses, it was revealed that all the accusations were merely hearsay. "Wala po talagang basis yung mga inaallege nila. Gulat na lang po namin kung bakit nakalusot itong kaso na ito," she said.
Asked if her mother will defy the suspension order, Garcia-Frasco said, "She will continue to serve as the governor of the province of Cebu. As governor, she was charged to uphold all laws of the country, and I don't think she can be expected to uphold or respect an invalid order, and we will avail of all legal remedies to question this order."
While she supported President Benigno Aquino III in 2010, Garcia is a member of the United Nationalist Alliance headed by former President Joseph Estrada and Vice President Jejomar Binay.
— with Carmela Lapeña/LBG/RSJ, GMA News 
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