‘No legal basis to cite Guv Gwen in contempt’

THE Office of the Ombudsman cannot cite Cebu Gov. Gwendolyn Garcia for indirect contempt for not heeding its six-month preventive suspension as she has secured a temporary restraining order (TRO) from the Court of Appeals. 

“With the issuance of this TRO from the Court of Appeals, there is therefore no legal basis to cite Gov Garcia for Indirect Contempt. Like any ordinary citizen, she merely availed (herself) of her legal remedies,” said Alex Avisado, the governor’s legal counsel, in a statement.     

“Fortunately for Gov. Gwen Garcia, the Court of Appeals sustained her contention that this Preventive Suspension Order is patently illegal and was issued with grave abuse of discretion,” he added.  

Ombudsman Samuel Martires issued a show-cause order dated Monday, May 19, requiring Garcia to explain within five days why she should not be cited for indirect contempt. The order was released to the media on Thursday, May 22. 

Martires also issued a show-cause order to the Department of the Interior and Local Government (DILG) for not enforcing the suspension order.

The orders follow Garcia’s continued presence in her office despite the suspension issued on April 23.

Avisado said the TRO issued by the CA’s Special 17th Division on May 15 effectively halted the suspension’s enforcement.

The show-cause order directed Garcia to justify her continued service as governor despite the April 23 suspension.

“Records show that you received the copy of the order on April 29, 2025, and despite its implementation by this Office and its immediately executory nature, you have publicly avowed not to abide by the suspension,” the order read.

In a separate order, the Ombudsman asked DILG Undersecretary for Public Affairs and Communications Rolando Puno to explain why he should not be cited for contempt for “tolerating or consenting to the acts of defiance” by Garcia.

Puno said in a press conference last May 9 that Garcia may remain in office, citing the need to consult the Commission on Elections (Comelec), as the order was released during the election period.

SunStar Cebu has reached out to Puno for comment but has yet to receive a response.

Violation

Garcia argued that the Ombudsman’s order violated Comelec Resolution 11059, which prohibits the suspension of elective provincial officials during the election period without prior approval from the poll body.

She also filed an administrative complaint against the Ombudsman before the Comelec, citing the resolution’s violation.

Garcia failed to secure a reelection in the recent national and local elections.

The governor currently faces administrative charges reportedly related to the issuance of a special permit to a contractor without an environmental compliance certificate.

Martires said the permit was for quarry activities in a protected area in the province.

Garcia clarified it was not a quarry but a desilting operation in the dried-up Mananga River in Talisay City, aimed at extracting trapped water for distribution by the local water district amid the El Niño Phenomenon in 2024.

The governor added that the operation was coordinated with the Department of Environment and Natural Resources and the local governments of Cebu City and Talisay City. / EHP, TPM