CA clears Gwen Garcia of misconduct raps over river permit

The Court of Appeals (CA) has reversed a ruling of the Office of the Ombudsman that found former Cebu Governor Gwen Garcia guilty of misconduct for approving a permit for the desiltation of the Mananga River.

In a 24-page ruling dated February 24, the Eleventh Division found that Garcia was only exercising her duty to carry out emergency measures during a state of calamity.

“Absent any evidence establishing bad faith, petitioner cannot be held liable for any other grave offense classified under the Civil Service Law,” it said.

Garcia was charged for issuing Special Permit 2024-09 in favor of a construction company in May 2024 without an environmental compliance certificate, a certificate of non-coverage, or prior consultation with other relevant agencies.

The complainant said the company was authorized to extract sand, gravel, and other earth materials from the Mananga River without securing these clearances.

For her part, Garcia noted that from 2023 to mid-2025, the country endured one of the worse El Niño phenomenon.

She said during the peak in the first half of 2024, Cebu’s primary water sources began to dry up.

Consultants and technical advisors later advised that a cleanup of the Mananga River and the Luyang River would provide up to 30,000 to 60,000 cubic meters of water supply daily.

However, with no allocated budget for the desiltation, the ruling noted that due to a lack of allocated budget, the concerned agencies agreed to issue a special permit authorizing the desiltation and to pay a construction fee.

The Ombudsman found Garcia guilty.

However, the CA said it is convinced that Garcia is not liable for simple misconduct. 

It noted that apart from bare allegations that she “actively participated” in the destruction, nowhere in the records suggest that she was motivated by corruption or clear intent to violate or disregard environmental laws.

The CA said the permit was issued to immediately address water shortage.

“Contrary to the findings of the Ombudsman, the subsequent and contemporaneous acts of petitioner evince that she was merely exercising efficient and effective governance to promote the general welfare of the people of Cebu, who were confronted with water shortage,” it added. — JMA, GMA Integrated News