Ombudsman directs Gwen to answer admin, criminal raps

Local

THE Office of the Ombudsman has formally directed preventively suspended Cebu Gov. Gwendolyn Garcia to answer the administrative and criminal complaints filed against her in relation to the issuance of a quarrying permit in the Mananga River, a protected area in Central Cebu.

On Friday, May 2, Ombudsman Samuel Martires confirmed that his office served an order to Garcia to file her counter-affidavit in connection with two pending cases, which involves 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, which alleges violation of Anti-Graft and Corrupt Practices Act.

“It should be clear by now to Governor Gwendolyn Garcia and to everyone that the preventive suspension order that was issued in the administrative case arose from, or is in relation to, the criminal case for violation of Section 3(e) of Republic Act 3019,” Martires said in a press statement.

He clarified that while the suspension order did not explicitly cite the Anti-Graft and Corrupt Practices Act, the law must be read in conjunction with administrative offenses defined under the Civil Service Law.

“There is no administrative offense that is denominated as a violation of RA 3019. Hence... it must be classified or denominated either as grave misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service or any of the offenses defined under the Civil Service Law,” he added.

The Ombudsman’s order came a day after Martires publicly refuted Garcia’s claim that her six-month preventive suspension was politically motivated.

Garcia had pointed out that Martires was appointed by former President Rodrigo Duterte, who belongs to a rival political camp.

“Governor Garcia owes the Ombudsman an apology for its unfounded accusation and malicious insinuation that politics is involved in the issuance of the Preventive Suspension Order because the Ombudsman is an appointee of former President Rodrigo Roa Duterte,” Martires said on May 1.

“Irrespective of who appointed the Ombudsman, its Deputies, and the Special Prosecutor, and regardless of the political color or affiliation of the respondent/accused, we shall apply the law justly and fairly…We shall always be cognizant of the right of the respondent to be presumed innocent,” he said.

Garcia, who is seeking reelection in the May 12 polls, refused to vacate her post.

On April 30, she said she would remain in office while her legal team consults the Department of the Interior and Local Government (DILG) about the validity of the suspension order, which she claims violates election rules.

“So, pending resolution of my query, I have decided to stay put in office and continue to serve as the governor of this great province of ours,” she said.

But Martires countered that the authority to interpret election-related laws rests with the Commission on Elections (COMELEC) and the Supreme Court, not with the DILG.

“What puzzles us... is the conflicting posture of Gov. Garcia in her statements. While in one breath she claims that the Order of Preventive Suspension is in violation of the Commission on Elections (COMELEC) Rules; then in another breath she seeks solace in the Secretary of the Interior & Local Government (SILG) on the interpretation of the COMELEC Rules,” he said.

He emphasized that Section 24 of Republic Act 6770, or the Ombudsman Act of 1989, grants the Ombudsman the authority to issue preventive suspensions when a case involves “dishonesty, oppression or grave misconduct or neglect in the performance of duty.”

“A preventive suspension is issued to preserve the documents and evidence pertaining to the case which are under their control and custody, and the possibility of being tampered with; to prevent the harassment of witnesses, and in order to avoid the commission of further malfeasance or misfeasance in office,” Martires explained.

He also cited a 2018 case in which the Ombudsman ordered Garcia’s dismissal when she was still a member of Congress. That decision was not enforced due to inaction by the House leadership.

President Ferdinand Marcos Jr., meanwhile, urged all parties to respect due process.

“Until all legal questions surrounding this suspension are resolved, she deserves to be treated fairly and with the respect owed to her office,” the President said earlier this week.

Martires said the timing of Garcia’s suspension was dictated by administrative protocols.

“We realized... that our decisions and orders were not immediately served and implemented. Worse, it resulted in the leakage of our Orders and Decisions, thus giving the respondent the opportunity to seek injunctive relief before the Courts. Hence, the Ombudsman decided to put a stop to this practice,” he said.

The Ombudsman concluded by reiterating the office’s commitment to due process and accountability.

“We remain an independent constitutional office committed to our mandate to protect the rights of the people and fight graft and corruption,” he said.(TGP)