SUSPENSIONS of elective officials are prohibited within the 45-day campaign period before an election without the approval from the Commission on Elections (Comelec), according to the poll body chief.
“First, all suspensions imposed at the start of the campaign period, 45 days before the election, cannot be implemented without permission from the Commission on Elections,” said Comelec Chairman George Garcia in a radio dzRH interview related to the six-month preventive suspension imposed on Cebu Gov. Gwendolyn Garcia.
“However, there is one exemption, and that is when the suspension is implemented by the Office of the Ombudsman related to the Anti-Graft and Corrupt Practices Act, which is Republic Act 3019,” he added.
The Comelec head further said that the Ombudsman must request an exemption from them if the reason for the suspension is not graft charges. His statement was posted on the Capitol’s official online platform.
This was also the argument of Governor Garcia’s legal team, who cited Section 261 of the Omnibus Election Code, which requires approval from the Comelec before suspending public officials during an election period.
The legal team, composed of personal lawyer Alex Avisado Jr., Capitol Environmental Concern Consultant Ben Cabrido and Legal Consultant Sepulveda, advised the governor to remain in office while legal questions concerning the Ombudsman’s order remain unresolved. The order was released on Tuesday, barely two weeks before the May 12 midterm elections, in which Garcia is seeking a third consecutive term.
Letter to DILG
The governor has written a letter addressed to Department of the Interior and Local Government (DILG) Secretary Juanito Victor “Jonvic” Remulla, requesting clarification on the implementation of the Ombudsman’s suspension order during the election period, which started on Jan. 12, 2025, and will end on June 11. The local campaign period started in March 28 and will end on May 10.
“Pending resolution of my query, I have decided to stay put in office and continue to serve as governor of this great province of ours,” Garcia said in a press conference at the Capitol on Wednesday, April 30.
“Whatever the motivations may be, I will not be perturbed and will continue to serve the Cebuano in the best possible way that I can within the bounds of the law,” she added.
In a four-page order dated April 23, 2025, Ombudsman Samuel Martires preventively suspended Garcia without pay over multiple complaints, including grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service, and violation of Republic Act (RA) 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The complaint, filed by Moises Garcia Deiparine, stemmed from Garcia’s issuance of special permits to Shalom Construction Inc., represented by Anthony James C. Limchesing, on May 14, 2024. The permits allowed desilting activities in the Mananga River, part of a protected area, despite lacking an Environmental Compliance Certificate or Certificate of Non-Coverage from the Department of Environment and Natural Resources (DENR).
When asked whether she would file a motion for reconsideration, Governor Garcia said her camp would provide limited details on their response to the Ombudsman’s decision.
She left the press conference midway due to prior commitments, allowing her lawyers to answer questions from the media.
No defiance
Avisado and the other lawyers clarified that Garcia has not defied the Ombudsman’s order, but is exercising her legal remedies, including seeking clarification from the DILG.
The DILG will implement the Ombudsman’s order, including the designation of an acting governor.
Sepulveda said Garcia’s camp received the order without prior notice or communication, such as affidavits or formal documentation of the complaint.
Avisado added that the lack of notice deprived Garcia of the chance to respond and possibly avert the preventive suspension.
According to Sepulveda, Vice Gov. Hilario Davide III told them that he would not assume the post in an acting capacity while legal issues surrounding the suspension remain unresolved.
Avisado and Sepulveda said Ombudsman Martires may have been misled regarding the nature of the complaint. Martires, in a report, mentioned that the case is worse than that of a resort built at the foot of Chocolate Hills as it involved quarrying, which “destroys everything.”
Cabrido said the special permit issued was for desilting the Mananga River in Talisay City to extract water trapped in silt due to drought brought about by the El Niño phenomenon in 2024. He said the activity was not for quarrying, as described by the Ombudsman.
He added that prior to issuing the permit, the Capitol consulted the regional offices of the Department of Public Works and Highways, DENR, Environmental Management Bureau, Mines and Geosciences Bureau, and local governments of Talisay and Cebu City.
The desilting effort enabled the Metropolitan Cebu Water District to extract water to augment the supply for its consumers during the drought.
The governor’s lawyers declined to speculate on the motives behind the complaint, stating they would address the issue through proper legal channels.
An Ombudsman representative posted a copy of the preventive suspension order on the door of the governor’s office on Tuesday, April 29. / EHP