The Court of Appeals (CA) has granted former Cebu governor Gwendolyn Garcia's petition to declare as invalid and without legal effect the Office of the Ombudsman's order dated April 23, 2025 that placed the former governor under a six-month preventive suspension.
The preventive suspension order, penned by then Ombudsman Samuel Martires, stemmed from an administrative complaint filed by Moises Garcia Deiparine, who accused Garcia of committing grave abuse of authority for issuing a special permit to Shalom Construction Inc., a construction firm, to conduct desilting activities in the Mananga River in Talisay City and Lusaran River in Cebu City.
Mananga River and Lusaran River are part of the Central Cebu Protected Landscape.
Deiparine said the permit was issued without an Environmental Compliance Certificate (ECC) or a Certificate of Non-Coverage (CNC) from the Department of Environment and Natural Resources (DENR).
He also accused Garcia of committing gross misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service, and violation of Republic Act 6713, or Code of Conduct of Ethical Standards for Public Officials and Employees.
The CA ruled, however, that the respondents’ argument that the order of preventive suspension comes under the exemption provided in Section 261(x), Article XXII of the Omnibus Election Code lacks sufficient factual and legal basis.
“This court finds that the public respondent committed grave abuse of discretion when it rendered the order of preventive suspension against the petitioner. Thus, the assailed order is hereby declared invalid for violation of Section 261(x), Article XXII of the Omnibus Election Code and Comelec Resolution No. 11059,” Associate Justice Marietta Brawner-Cualing said in the decision, which was concurred in by Associate Justices Gabriel Robeniol and Maximo De Leon.
