FOR defying his preventive suspension order, Ombudsman Samuel Martires found outgoing Gov. Gwendolyn Garcia guilty of indirect contempt. He fined her P30,000 and described Cebu’s first female governor as an “ungovernable autocrat.”
In a June 10, 2025 order, Martires stated that Garcia’s defiance of the six-month suspension, issued on April 23, constituted contempt. As a public official, the chief ombudsman said, the outgoing governor could have set an example for accountability and lawful conduct.
“Lamentably, your actions have fashioned you into an icon of defiance, exuding an impression upon the people of Cebu and the public at large that the governor’s office is occupied by an ungovernable autocrat. Your open disobedience to the mandate of the Office of the Ombudsman cannot and should not be countenanced,” Martires said in his nine-page order.
In a statement, Governor Garcia questioned Martires’ decision, citing the temporary restraining order (TRO) issued by the Court of Appeals (CA) on the preventive suspension order.
Last May 19, Martires had issued a show-cause order requiring Garcia to explain why she should not be cited for indirect contempt for not heeding the Ombudsman’s decision. In the same order, Martires stated that the governor had “willfully and openly refused” to step down and comply with the preventive suspension order, which he said was immediately executory.
The preventive suspension stemmed from a complaint by Moises Garcia Deiparine, who accused Garcia of granting a special permit to a contractor for quarrying activities inside a protected area in 2024.
On Friday, June 13, Garcia announced that the CA had issued a TRO against the Ombudsman’s order.
“By citing me for indirect contempt, is Ombudsman Martires insisting now that he does not respect the temporary restraining order issued by the Court of Appeals?” Garcia said in a statement.
She added that the Ombudsman acknowledged the TRO by filing a motion to quash the order.
In the nine-page order, Martires noted that Garcia claimed in her May 27 reply to the show-cause order that there was “no defiance” on her part because of the TRO issued by the CA’s Special 17th Division. Garcia told the Ombudsman that the TRO left the anti-graft office with no legal basis to cite her for indirect contempt.
“Hollow” explanation
Martires, however, stated that Garcia’s explanation stands “on hollow ground.”
He said the six-month preventive suspension order was served to Garcia on April 29 and was immediately executory. He emphasized that Governor Garcia should have immediately vacated her office, but she did not.
Instead, the chief ombudsman said, Garcia publicly declared her intent to defy the order.
Martires pointed out that the CA issued the TRO only on May 15. Therefore, Garcia had no legal authority to function as governor from April 29 to May 14, adding that the TRO has no retroactive application.
Thus, Martires concluded that Garcia “openly disobeyed” his order.
“Indeed, your contemptuous refusal to comply with the preventive suspension order disrupts the orderly administration of justice and infringes upon the constitutionally entrenched powers of the Ombudsman,” he said.
“As well, your failure to comply with the preventive suspension order constitutes disrespect and insubordination, plain and simple. This behavior undermines not only the integrity of the Office of the Ombudsman but, more grievously, the very rule of law itself,” he added.
Last April 30, Garcia had stated she would stay in office pending a response from Department of the Interior and Local Government Secretary Juanito Victor Remulla to her query.
Questions
Garcia had raised legal questions about the Ombudsman’s April 23 suspension order, including its implementability during an election period. The complaint was filed about two weeks before the May 12 elections. Garcia was seeking a third consecutive term in the midterm polls.
Last April 23, the Ombudsman preventively suspended Garcia over complaints of grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service and violation of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The complaint stemmed from Garcia’s issuance of special permits to Shalom Construction Inc. on May 14, 2024. The permits were issued without an environmental compliance certificate or a certificate of non-coverage from the Department of Environment and Natural Resources.
Garcia said the complaint was about desilting activities in the Mananga River. She stated these were part of the Provincial Government’s efforts to combat water shortages during the El Niño phenomenon that year.
Garcia described Deiparine as partisan, as he founded the Duterte Riders Team, which supports former President Rodrigo Duterte. She also described Martires as a Duterte appointee.
In a statement of support for Garcia, President Ferdinand “Bongbong” Marcos Jr. said on May 1 that it was important to uphold the rule of law and ensure due process is followed in Garcia’s suspension.
The governor, an ally of Marcos, lost the gubernatorial race to neophyte politician Pamela Baricuatro in the recent midterm elections. Garcia has filed an electoral protest, questioning the results. / EHP