THE Office of the Ombudsman has asked the Court of Appeals (CA) to lift a temporary restraining order (TRO) and enforce a six-month preventive suspension against Cebu Gov. Gwendolyn Garcia.
Ombudsman Samuel Martires argued in a motion for reconsideration filed on May 30 that the appellate court’s TRO, issued on May 15, was moot because the suspension order had already been implemented on April 29, according to national reports.
The anti-graft office ordered Garcia preventively suspended on April 23, pending an investigation into allegations of grave abuse of authority and violations of the Anti-Graft and Corrupt Practices Act. The case stems from the alleged illegal granting of a special permit to a construction company.
Despite the order, Garcia continued to perform her duties as governor and secured the 60-day TRO from the CA last month.
Martires contended that an injunction cannot stop an act that has already been carried out. He further asserted that the Ombudsman’s constitutional authority to discipline public officials cannot be restricted by other laws or government bodies.
The motion also dismissed arguments that Garcia’s suspension would disrupt public services in Cebu or that it was prohibited during an election period.
Martires said the prohibition under the Omnibus Election Code does not apply to the Ombudsman, whose powers are granted by the Constitution.
The CA has not yet ruled on the Ombudsman’s motion. / KAL