The camp of Cebu Governor Gwen Garcia pushed back against the Office of the Ombudsman’s show-cause order, saying there is “no legal basis” to cite her for indirect contempt for allegedly defying a preventive suspension order, which has since been restrained by the Court of Appeals.
“For the respectful information and guidance of the Honorable Ombudsman, there was no defiance,” said Garcia’s lawyer, Atty. Alex Avisado, in a statement. “Gov. Gwen Garcia actually challenged the legality of the issuance of the preventive suspension order before the Court of Appeals.”
The Ombudsman had earlier directed Garcia to explain why she should not be held in contempt for “continuously defying” the April 23 suspension order, which was issued over an administrative complaint involving her alleged issuance of a special permit to desilt a river in Carmen town without an Environmental Compliance Certificate.
However, Garcia’s legal team argued that the suspension order was legally halted by a temporary restraining order (TRO) issued by the Court of Appeals’ Special 17th Division on May 15. The TRO was granted after Garcia filed a petition for certiorari and prohibition, questioning the legality of the suspension.
“It [the TRO] prohibits the Ombudsman and all officials under his authority from implementing the Order dated 23 April 2025,” Avisado explained, adding, “Like any ordinary citizen, she merely availed of her legal remedies. 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 Ombudsman also issued a show-cause order to Department of the Interior and Local Government (DILG) Undersecretary Rolando Puno, asking why the DILG has not implemented the suspension, which was described as “immediately executory.”
In a separate statement, the Ombudsman noted that Garcia received a copy of the suspension order on April 29 and had “publicly avowed not to abide” by it, despite its supposed executory nature.
Garcia’s term ends on June 30, when she is set to be succeeded by Governor-elect Pam Baricuatro.