Gwen still guv until June 30

THE Court of Appeals (CA) has halted the implementation of a preventive suspension against Cebu Gov. Gwendolyn Garcia, allowing her to remain in office until the end of her term on June 30, 2025.

The court’s decision comes just days after Garcia’s loss in the May 12 midterm elections and was announced by the governor on Friday, May 16, during her first public appearance since the polls.

In a 10-page ruling promulgated on May 15, the CA’s Special 17th Division granted Garcia a 60-day temporary restraining order (TRO) against the Ombudsman, which is headed by Samuel Martires.

The TRO prevents the implementation of the April 23 preventive suspension tied to a desilting permit Garcia issued last year.

The resolution granting the order was signed by Justices Germano Francisco Legaspi and Michael Ong, and concurred in by Associate Justice Marietta Brawner-Cualing.

The TRO effectively shields Garcia for the rest of her term, which ends at noon on June 30. She will be succeeded by Governor-elect Pamela Baricuatro, who won the gubernatorial race after securing over a million votes against Garcia’s 700,000-plus votes.

On Friday, Garcia told the crowd at the R’ Cebu Expo for the 2nd and 6th Districts at Robinsons Galleria Cebu in the North Reclamation Area that she received a digital copy of the resolution while en route to the event.

Garcia faces an administrative complaint filed by Moises Garcia Deiparine, who alleged that she granted a special permit to Shalom Construction Inc. on May 14, 2024, without obtaining an environmental compliance certificate or certificate of non-coverage from the Department of Environment and Natural Resources.

The permit allowed desilting work in the Mananga River in Talisay City.

The Ombudsman found Garcia liable for grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service and violations of Republic Act 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees.

Garcia defended her action, saying the permit was necessary to address a worsening water crisis brought on by the El Niño phenomenon.

The desilting work, she said, was coordinated with the local governments of Cebu City and Talisay, as well as relevant national agencies.

She also questioned the legality of the suspension, citing the lack of prior clearance from the Commission on Elections (Comelec) during the election period, as required by the Omnibus Election Code. She wrote to Interior Secretary Juanito Victor “Jonvic” Remulla for guidance and filed a complaint against the Ombudsman with the Comelec.

Martires, however, stood firm, insisting the suspension was lawful and accusing Garcia of disregarding valid orders from the anti-graft body.

The CA has ordered Deiparine to file a comment — not a motion to dismiss — and to show cause within 10 days why a writ of preliminary injunction should not be issued.

Garcia may reply within five days of receiving the response.

In earlier reports, Garcia described Deiparine as a partisan figure affiliated with political groups and the Duterte Riders Team. She also pointed out that Martires was an appointee of former President Rodrigo Duterte, an erstwhile ally of the outgoing governor.

In her speech at the R’ Cebu event, Governor Garcia made remarks that hinted at acceptance of her defeat, but she stopped short of issuing a formal concession.

“We had just witnessed the midterm elections last 12th of May 2025. And amidst this seeming defeat of your governor standing before you now, I would like to especially acknowledge those fathers and mothers that refused to leave and have not at least made me an orphan,” she said. /EHP