Sunday, May 18, 2025

Cebu governor suspended for 6 months over illegal quarry permit

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THE Office of the Ombudsman has placed Cebu Governor Gwendolyn Garcia under six-month preventive suspension based on administrative charges filed against her early this month for grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service and violation of the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713).

Based on the Ombudsman Act of 1999 (RA 6770), the order dated April 23, 2025 is immediately executory regardless of whether the respondent governor challenges it by filing a motion, an appeal, or any petition.

Ombudsman Samuel Martires said the directive will be implemented by the Department of the Interior and Local Government (DILG) Regional Office 7.

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“The suspension was about the issuance of a quarry permit in a protected area,” the Ombudsman said, noting that quarry operations presented irreversible damage to the environment.

“You remember the Chocolate Hills in Bohol where some people put up resorts and other structures? This case is worse. In Bohol, the damage was not that extensive. But quarrying destroys everything. Worse, this was in a protected area,” Martires added.

In a statement released by the Office of the Governor, Garcia said she acted on a matter of urgency for her constituents and the interest of her province.

“I respect the processes of the law, but I must respectfully disagree with both the basis and the necessity of this action. The issuance of the Special Permit in question 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,” Garcia said.

The complaint filed by one Moises Deiparine alleged that the governor issued a special permit on May 14, 2024 in favor of Shalom Construction Inc. represented by Anthony James Limchesing, despite the absence of an Environmental Compliance Certificate (ECC) or a Certificate of Non-Coverage from the Department of Environment and Natural Resources (DENR).

The complainant said no prior study or consultation was held in coordination with relevant government agencies.

Garcia said this was inaccurate.

“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 pointed out.

In addition, she explained that she did not act unilaterally as the move also had the imprimatur of the Provincial Board, which had earlier declared the entire Province of Cebu under a state of calamity due to the acute water shortage.”

“Only by desilting the Mananga River could the situation be immediately alleviated and the water crisis addressed. There was no personal interest or malice involved — 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,” the governor added.

She lamented that she was not given the opportunity to address the allegations made in the complaint of Deiparine, whom she accused of acting in the interest of her political opponents.

“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. 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,” Garcia said.

She said Deiparine is the founder of the Duterte Riders Team and is openly affiliated with partisan political groups.

She also tagged Martires as a “Duterte appointee” even as she protested the suspension as “illegal” for being contrary to Section 261(x) of the Omnibus Election Code, which states that: “Any public official who suspends any elective provincial, city, municipal or barangay officer without prior approval of the Commission (on Elections) shall be guilty of an election offense.”

She noted that the official election period remains in effect from January 12 to June 11, 2025.

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