MANILA — Ombudsman Samuel Martires on Thursday criticized suspended Cebu Governor Gwen Garcia’s decision to stay in office despite being issued a preventive suspension order, saying this was not the first time she defied a decision of the office.  

The Office of the Ombudsman earlier slapped a six-month suspension against the re-electionist Cebu governor for allowing the issuance of a permit to a construction company despite the absence of an environmental compliance certificate. 

Cebu governor Gwen Garcia preventively suspended

In a statement, Martires said Garcia’s public declaration did not come as a surprise. 

“This is not the first time Gov. Garcia has defied the rule of law particularly the lawful order and decision of the Office of the Ombudsman,” he said. 

Martires said Garcia, then a 3rd district representative of Cebu, was ordered dismissed from service, including the penalty of perpetual disqualification from holding public office, cancellation of eligibility and forfeiture of retirement benefits.

This was due to a questionable purchase property in 2008, most of which were later found to be submerged. 

Deputy Speaker Gwen Garcia ordered dismissed over grave misconduct

Despite this though, Garcia “defied the Ombudsman's Decision and without any Court Order remained in Office until June 2019 because the decision of the Ombudsman was not implemented by the leadership of the House of Representatives.”

Martires added that they were confused with Garcia’s “conflicting posture” as she sought the help of the Commission on Elections and the Department of the Interior and Local Government (DILG) to clarify her preventive suspension order. 

“With all due respect, we view this as a misplaced request for an opinion because aside from the Supreme Court, the only government agency tasked to implement and interpret the Omnibus Election Code is the Comelec,” he said. 

“Then she further claims that the office vested with the authority to serve and implement the Orders of the Ombudsman is the DILG and the PNP. Is the good Governor stripping the Ombudsman of its inherent power to implement its Orders, Decisions and legal processes?” he added. 

The Ombudsman, the official said, has tapped DILG and other government agencies in the executive branch to implement orders and decisions regarding officials under their jurisdiction. 

But decisions were leaked and were not served or implemented immediately, giving the respondents an opportunity to seek for an injunctive relief. 

This was why the Office of the Ombudsman decided to stop doing this. 

“We would like to assure the good Governor that due process was observed in the issuance of the preventive suspension order,” Martires said. 

“For her guidance, a preventive suspension order is issued before the start of the investigation,” he said. 

He also explained why a preventive suspension is issued.

This, he said, sought 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.”

APOLOGY 

Martires said Garcia should apologize for insinuating that the decision was marred by politics and colors because he was appointed by former President Rodrigo Duterte. 

“I would like to remind the good Governor that 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, and we shall always be cognizant of the right of the Respondent to be presumed innocent,” he said. 

“The Office of the Ombudsman has remained and will always remain an independent constitutional office and committed in its mandate to protect the rights of the people and fight graft and corruption,” he said. 

His statement comes hours after President Ferdinand Marcos, Jr. called for due process and adherence to the rule of law as he addressed the preventive suspension issued against Garcia.

'Garcia deserves to be treated fairly': Marcos Jr. on Cebu governor's preventive suspension

Garcia, who chairs the One Cebu party, had earlier endorsed the candidacy of at least 8 senatorial bets from the administration coalition slate.