Gov. Gwen Garcia is heeding the advice of her legal team for her to stay in office despite the Office of the Ombudsman’s 6-month preventive suspension order against her, as apparently it was issued in violation of provisions of law this election season.
Instead, the Governor wrote the Department of the Interior and Local Government (DILG) Secretary Juanito Victor Remulla to ask for clarification on the matter, especially that it is the DILG Secretary who is mandated to implement the Ombudsman’s preventive suspension order, if it turned out to be statutorily complaint after all.
“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,” Gov. Gwen said during a press briefing at the Capitol on April 30.
Ombudsman Samuel Martires signed the Governor’s 6-month preventive suspension order on April 24 for administrative charges filed by one Moises Garcia Deiparine. The administrative complaints stemmed from the Governor’s proactive act of issuing a special permit for desilting works on Mananga River during the prolonged El Niño phenomenon in 2024.
The desilting works eventually helped reinvigorate the Mananga River which supplies water to MCWD’s Jaclupan Dam. Prior to the desilting works, Jaclupan Dam’s water production had fallen from its usual 30,000 cubic meters per day to just 7,000 cubic meters due to the prolonged drought.
Following the desilting activities, the facility recorded a notable improvement in output, offering much-needed relief to the consumers.
“The Collegial Body led by the Governor acted with urgency, transparency, and a strong sense of public service to address the water crisis. For that, we remain profoundly grateful for her strong and decisive leadership, especially in times of emergency,” the MCWD said in a statement released to the media.
The complainant Deiparine is openly affiliated with political groups that challenge Gov. Gwen for governorship this election.
“Whatever the motivations may be, I will not be perturbed. I will continue to serve the Cebuanos in the best possible way that I can within the bounds of law,” the Governor said during the press briefing.
In her letter which she signed before Cebu media, the Governor said that absent written approval from the Commission on Elections, “it is my respectful position that I am not legally obliged to comply with the preventive suspension order at this point,” adding however, that she “respectfully defer to your good office to give us the necessary guidance on this matter.”
She cited Section 62(c) of the Local Government Code which provides that no preventive suspension order shall be imposed within ninety (90) days before the election. Any suspension of local elective official without prior approval of the Commission on Elections shall constitute an election offense under Section 261 (x) of the Omnibus Election Code.
Moreover, Section 15, Rule V of COMELEC Resolution No. 11059 explicitly requires prior written approval of the COMELEC for the implementation of any suspension order against local elective officials.
Cebu officials, from mayors to provincial board members, have expressed their unwavering support for the Governor. For his part, Vice Gov. Hilario Davide III reiterated his commitment to supporting the Governor, whose “decisive leadership” he credited as “crucial in helping resilient Cebu recover and become stronger” after every challenge and calamity.
“In these uncertain times, I unequivocally support Governor Gwen and urge a just, fast and transparent process,” the Vice Governor said in a statement.
