Ombudsman slams Cebu guv Garcia for defying suspension order

Ombudsman Samuel Martires on Thursday slammed Cebu Governor Gwen Garcia for defying the six-month suspension his office issued against her, saying her decision "did not come as a surprise."

“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.

In issuing the preventive suspension order against Garcia, Martires cited grave abuse of authority due to the issuance of a special permit to a construction company without lawful basis.

On Wednesday, Garcia announced she will "stay put" in the position, saying she has written to Interior Secretary Jonvic Remulla for clarification.

“Pending resolution of my query, I have decided to stay put in office and continue to serve as the Governor of this great Province of ours,” Garcia said according to an official statement.

In his statement, Martires brought up that in 2018, then-Ombudsman Conchita Carpio-Morales ordered then-Congresswoman Garcia’s dismissal over the purchase of a property later found to be located under water.

“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.

He 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, a former Supreme Court and Sandiganbayan justice, 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.

He added that the issuance of the suspension order was not coursed through Remulla’s office to prevent a repeat of supposed past incidents in which the DILG refused, or belatedly implemented the Ombudsman’s orders.

“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,” Martires said.

“The Office of the Ombudsman will always remain an independent constitutional office and committed in its mandate to protect the rights of the people and fight graft and corruption,” he added. — BM, GMA Integrated News