Gwen Garcia found guilty of indirect contempt for defying Ombudsman suspension

Cebu Governor Gwendolyn Garcia (Photo from Gov. Gwen Garcia FB page)

CEBU CITY, Philippines – The Office of the Ombudsman has found outgoing Cebu Governor Gwendolyn Garcia guilty of indirect contempt for refusing to heed a preventive suspension order issued against her last April.

It imposed a P30,000 fine for what it called an open “affront” to its authority.

In an order signed by Ombudsman Samuel Martires, Garcia was penalized after continuing to perform her duties as governor despite being officially suspended over a series of administrative complaints, including grave abuse of authority, gross misconduct, and serious dishonesty.

“The Ombudsman will no longer tolerate further affronts to this solemn mandate,” the order read.
“Respondent Governor Gwendolyn F. Garcia is hereby declared GUILTY of INDIRECT CONTEMPT… and is hereby imposed a FINE of P30,000, payable to the Office of the Ombudsman.”

READ: Ombudsman puts Gwen under preventive suspension

Cebu governor won’t step down despite suspension

But Garcia questioned the basis of the contempt citation. In her text message reply to reporters on Friday, she pointed out that the Court of Appeals (CA) had already issued a Temporary Restraining Order (TRO) against the Ombudsman’s preventive suspension.

“A TRO has been issued against his preventive suspension order by the Court of Appeals,” Garcia said.

“In fact, several media outlets reported that the Office of the Ombudsman has filed a Motion to Quash on the said CA order. This, in effect, acknowledges the existence of the TRO.”

“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?” she added.

Garcia previously stated that her continued stay in office was based on legal advice and pending clarification from relevant agencies, including the Department of the Interior and Local Government (DILG).

Although the preventive suspension order dated April 23 and served on her by April 29 was “immediately executory,” the governor publicly declared that she would not vacate her post until such clarifications were received.

“I will continue to serve the Cebuanos in the best possible way that I can within the bounds of law,” Garcia said in an April 30 press conference.

Garcia’s refusal to comply with the suspension stemmed from what she called “irregularities” in the filing and processing of the complaint against her.

She criticized the “record-breaking speed” at which the suspension was issued, pointing out that complainant Moises Garcia Deiparine filed the case on April 21, and by April 23, the suspension order was already signed.

“He must have a private jet,” Garcia quipped. “This has to make the Guinness Book of Records for the fastest complaint filed and resolved.”

The case stemmed from Garcia’s decision to grant a special quarry permit in the Mananga River, part of the Central Cebu Protected Landscape, without securing environmental clearance from the Department of Environment and Natural Resources (DENR).

Deiparine alleged that Garcia’s move was done “in grave abuse of authority” and violated Republic Act 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees.

Garcia countered that the permit was issued to desilt the Mananga River, a vital move, she said, to help resolve water shortages during the El Niño phenomenon in 2024.

“It was a proactive measure to address a pressing water supply issue. We were not acting for private interest, but in the interest of public service,” she said.

Garcia, who recently lost her reelection bid to Governor-elect Pamela Baricuatro, remained defiant even after the contempt ruling.

She claimed political motivation behind the case and alleged that her cease-and-desist order against Apo Land and Quarry Corp. in March may have provoked retaliation.

“Somebody wanted me out so that I would not issue another cease-and-desist order,” Garcia said during a May 21 press conference.

Despite repeated calls for compliance from various quarters, Garcia stood her ground. She even wrote to Interior Secretary Jonvic Remulla, seeking clarification and deferring to what she called a “pending query.”

“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. /csl