CEBU CITY – Cebu Gov. Gwendolyn Garcia insisted that there was no defiance when she did not relinquish her post when the Office of the Ombudsman preventively suspended her a few weeks before the midterm elections.

Garcia’s legal counsel, Alex Avisado, said the governor did not step down despite the suspension order after she challenged the legality of the order.

“Gov. Gwen Garcia actually challenged the legality of the issuance of the Preventive Suspension Order before the Court of Appeals by way of a Petition for Certiorari and Prohibition,” Avisado said.

Avisado added that on May 15, the Court of Appeals Special Seventeenth Division granted Garcia a Temporary Restraining Order (TRO) preventing the Ombudsman and its officials from enforcing the April 23 suspension order.

“With the issuance of this TRO from the Court of Appeals, there is therefore no legal basis to cite Gov. Garcia for indirect contempt,” Avisado said.

“Like any ordinary citizen, she merely availed of her legal remedies," he added. "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.”

The Office of the Ombudsman has issued a show-cause order to Garcia directing her to explain her defiance of the suspension order.

In an order dated May 19, Ombudsman Samuel Martires asked Garcia to respond within five days from receipt and explain why she should not be cited for indirect contempt for “continuously defying” the preventive suspension.

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

Garcia was suspended for six months for granting a special permit to conduct desilting activities in the Mananga River, a protected area in Talisay City, during the 2024 El Niño without securing the necessary environmental clearance.

A separate show-cause order was issued to Interior and Local Government Undersecretary for Public Affairs and Communications Rolando Puno to explain why he should not be cited for indirect contempt for “tolerating or consenting to the acts of defiance” of the governor.

Puno had said that they could not enforce the suspension order, pending clarification from the Commission on Elections (Comelec) as the directive was issued during the election period.

Puno cited Comelec Resolution 11059 that prohibits the suspension of elective provincial officials during the election period without prior approval from the poll body.