Ombudsman Samuel R. Martires demanded an apology from Cebu Gov. Gwendolyn F. Garcia who, he said, accused him of politicking in the issuance of a six-month preventive suspension order against her.

Ombudsman Samuel R. Martires

In a statement released early evening on Thursday, May 1, Martires said:

"Governor Garcia owes the Ombudsman an apology for its unfounded accusation and malicious insinuation that politics is involved in the issuance of the Preventive Suspension Order because the Ombudsman is an appointee of former President Rodrigo Roa 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."

Martires said the decision of Garcia to remain in office despite the Ombudsman's order to suspend her "did not come to us as a surprise" as it was not the first time she "defied the rule of law."

"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 as he referred to decision dated Jan. 15, 2018 issued by his predecessor, former Ombudsman Conchita Carpio-Morales, to dismiss Garcia from the service with perpetual disqualification from holding public office.

Garcia managed to stay in office until June 2019 because the Ombudsman's decision was not implemented by the House of Representatives, he said.

While Martires claimed not to be nonplussed by Garcia's actions, he said he was still puzzled by "the conflicting posture of Gov. Garcia in her statements."

"While in one breath she claims that the Order of Preventive Suspension is in violation of the Commission on Elections (Comelec) rules; then in another breath, she seeks solace in the Secretary of the Interior and Local Government (SILG) on the interpretation of the Comelec," he said.

"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," Martires pointed out.

Martires likewise scoffed at Garcia's claim that the office vested with the authority to serve and implement the orders of the Ombudsman is the DILG and Philippine National Police (PNP). "Is the good Governor stripping the Ombudsman of its inherent power to implement its Orders, Decisions, and legal processes?" he asked.

He also said that it is a "matter of practice" of his office to tap the DILG and various departments in the Executive Branch to implement its orders and decisions with respect to officials and employees within its administrative supervision and jurisdiction.

"We realized, however, that our decisions and orders were not immediately served and implemented," he said.

"Worse, it resulted in the leakage of our Orders and Decisions thus giving the respondent the opportunity to seek for an injunctive relief before the Courts. Hence, the Ombudsman decided to put a stop to this practice," he added.

Garcia had acknowledged the Ombudsman's order in a social media post. "I respect the processes of the law, but I must respectfully disagree with both the basis and the necessity of this action," she said.

Cebu Gov. Gwendolyn F. Garcia

Ombudsman Martires ordered Govenor Garcia's preventive suspension due to the latter's issuance of a quarry permit in a protected area in 2024.

He acted on the complaint filed by Moises Garcia Deiparine, which alleged that Garcia issued Special Permit No, 2024-09 to Shalom Construction, Inc., represented by Anthony James C. Limchesing, on May 14, 2024 without an Environmental Compliance Certificate (ECC) nor a Certificate of Non-Coverage (CNC) issued by the Department of Environment and Natural Resources (DENR) or prior study or consultation with other relevant government agencies.

Garcia defended the issuance of the special permit, which she said was "driven solely by the urgent need to address the critical water shortage that had severely affected the entire franchise area of the Metropolitan Cebu Water District (MCWD), which includes Cebu City and seven other local government units."

"All decisions were undertaken in close collaboration with the affected local government units, as well as with the government agencies tasked to regulate environmental matters – namely, the Department of Environment and Natural Resources (DENR) and the Environmental Management Bureau (EMB) and the Mines and Geosciences Bureau (MGB)," she also said.

"It must also be emphasized that this course of action was carried out with the proper approval of the Provincial Board, which had earlier declared the entire Province of Cebu under a state of calamity due to the acute water shortage," she added.

“Only by desilting the Mananga River could the situation be immediately alleviated and the water crisis addressed," she stressed.

While the complainant wants Garcia administratively charged for Grave Abuse of Authority, Gross Misconduct, Serious Dishonesty, Gross Negligence, Conduct Prejudicial to the Best Interest of the Service, and for violation of Republic Act 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, Garcia pointed out that there was no personal interest or malice involved in her actions.

She said she acted with "only a deep sense of responsibility to act swiftly in the face of the growing burden and suffering of the Cebuanos due to the dwindling water supply, not to mention the potential health hazards caused by the unavailability of clean water."

At the same time, Garcia said she was never given notice of the complaint, so she was deprived the opportunity to respond to what she slammed as "baseless and malicious accusations."

“It is important to note that the complainant is a known political figure affiliated with partisan groups. We will allow the facts – not political motivations – to speak for themselves," she said.

“My legal team is already taking the necessary steps to challenge this preventive suspension through the proper legal channels. I have full faith that truth and justice will prevail," she also said.