For apparent legal infirmities in the implementation of a preventive suspension order against her, Gov. Gwen Garcia has made it clear that she is staying put in office while awaiting the clarification on the matter from DILG Sec. Jonvic Remulla.

However, Atty. Alex Avisado Jr. said the Governor is not being disrespectful nor defiant of the Office of the Ombudsman that issued the 6-month preventive suspension for administrative charges filed against her by one Moises Garcia Deiparine.

“With all due respect, there is no defiance of the Ombudsman order. Gov. Garcia is just exercising yung legal remedies available to her,” Atty. Avisado, lead counsel of the Governor, told Cebu media during a press briefing at the Capitol on April 30.

“When you avail of your legal remedies, that is not defiance. Ang defiance, kanang wala ka nay remedy, basta dili naka mosunod sa order. That is defiance,” he added.

The case of Gov. Gwen, however, is a different matter, since the preventive suspension was served on the Governor without the statutorily required approval from the Commission on Elections, as it is being implemented within the 90-day election period, pursuant to Section 62(c) of the Local Government Code; Section 261(x) of the Omnibus Election Code; and Section 15, Rule V of COMELEC Resolution No. 11059.

Such legal provisions provide that before a suspension may be imposed on an elected official within the 90-day election period, the COMELEC must first approve the same.

THE COMPLAINT

The administrative complaints stemmed from the Governor’s proactive measure of issuing a special permit for desilting works on Mananga River during the prolonged El Niño phenomenon in 2024.

The complainant, a known ally of Gov. Gwen’s challenger in the May 12 election, averred in his complaint that the Governor issued the special permit for desilting on Mananga River even without Environmental Compliance Certificate nor Certificate of Non-Coverage (CNC) from DENR.

There was also no prior consultation with relevant agencies of the government on the matter before actions were taken by the Governor, the complainant said; adding that no scientific study nor reference from competent government agency supporting the claim that extraction of silt on the riverbed would mitigate the effects of El Niño phenomenon.

Atty. Avisado, together with Atty. Rory Jon Sepulveda and Atty. Ben Cabrido Jr., belied all these claims and lamented the denial to the Governor of an opportunity to be informed of the nature and cause of the charges against her, as well as an opportunity to explain her side before a preventive suspension order was issued.

Atty. Cabrido, who specializes in environmental law, said he was present in the consultative meetings the Governor called among officials of Metro Cebu Water District and the officials of LGUs affected by low water supply by the water district during the prolonged drought in 2024. Such LGUs included Cebu City, Talisay City, and some barangays in Minglanilla.

In these meetings, the Governor sought the expertise of the DENR; MGB, which analyzed the soil in Mananga River; EMB which provided the environmental impact assessment; DPWH which has jurisdiction in waterways under the law, as well as the Protected Area Management Board (PAMB), since part of the river is covered by RA 9486 or the Central Cebu Protected Landscape (CCPL).

MISLEADING THE OMBUDSMAN

Atty. Cabrido said it was even PAMB which passed a resolution that allowed desilting in areas covered by the CCPL.

Atty. Sepulveda said from the area of the Jaclupan Weir downstream, the Province of Cebu has the needed ECC to conduct desilting activities. From the Jaclupan Weir going upstream, moreover, the one that has the ECC was the MCWD. It was MCWD, in fact, which sought the help of the Governor in finding solutions to the water crisis affecting thousands of Cebuano homes.

“Honorable Ombudsman, the Governor shares your passion to protect the environment. We will show in proper time, but this is not a case of illegal quarrying,” Atty. Sepulveda said.

Atty. Avisado said the Ombudsman may have been misled by the complainant into believing that what the Governor was doing was illegal quarrying when in fact, it was just a “decisive response” in time of a water crisis for the benefit of the Cebuanos.

“Kon kana ang basis sa Ombudsman sa pag-suspend kay Gov., dili ba morag na misled siya, na misinformed siya? Kon gitagaan lang unta og time to respond, maski one paper lang, dili na quarrying, that is desiltation in time of a water crisis. Imbes na we praise the Governor for doing her job, nalain naman karon, we suspend the governor for doing her job,” Atty. Avisado said. | SN