Tuesday, June 17, 2025

Ombudsman issues show cause order vs Gwen Garcia, Usec Puno for defiance

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THE Office of the Ombudsman issued a show cause order last night evening requiring outgoing Cebu Gov. Gwen Garcia to submit a justification for defying its April 23, 2025 directive placing her under preventive suspension for six months.

“You are hereby ordered to show cause within five days from receipt hereof why you should not be cited for indirect contempt for continuously defying the 23 April 2025 order of the Ombudsman preventively suspending you from office not to exceed six months,” the Ombudsman said.

A separate show cause order was likewise issued to Local Government Undersecretary Rolando Puno for announcing that his office will not act or enforce Garcia’s suspension in a press conference last May 9.

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He was told to cite reasons for “tolerating or consenting to the acts of defiance of respondent Garcia” to a lawful order of preventive suspension, which was officially received by the DILG.

Garcia and Puno were told to submit their respective explanations within five days upon receipt of the orders under pain of being cited for indirect contempt.

Indirect contempt is punishable by a fine of P30,000 or imprisonment of up to six months or both under Section 7, Rukes 71 of the Rules of Court.

The Ombudsman reminded Garcia that her open defiance was documented in the news coverage and on social media.

“Records show that you received a copy of the Order on April 29, 2025 and despite the implementation thereof …and its immediately executory nature, you have publicly avowed not to abide by the order on preventive suspension,” it noted.

The suspension order against Garcia stemmed from criminal and administrative complaints filed by one Moises Deiparine wherein she was charged with 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).

She was accused of issuing an unlawful special quarry permit on May 14, 2024 in favor of Shalom Construction Inc., which intruded into a protected area.

Garcia, who lost her reelection bid to Pam Baricuatro, defended the permit, saying it was necessary to address an urgent need due to the critical water shortage that affected the entire franchise area of the Metropolitan Cebu Water District (MCWD), including Cebu City and seven other local government units.

The complainant said the permit had no clearances from the Department of Environment and Natural Resources (DENR) but Garcia said she consulted the agency together with officials of the Environmental Management Bureau (EMB) and the Mines and Geosciences Bureau (MGB).

However, she also attacked Ombudsman Samuel Martires, tagging him as a “Duterte appointee” and calling the suspension order against her illegal for being contrary to the Omnibus Election Code, which requires prior concurrence by the Commission on Elections to such suspension.

Martires corrected Garcia, saying the administrative charge against her arose from an allegation of violation of the Anti-Graft and Corrupt Practices Act, which is an exception to the rule requiring imprimatur of the Comelec.

He dismissed the governor’s assertions as unfounded and malicious, as he reminded Gacia that the Office of the Ombudsman is an independent constitutional body mandated to act on administrative and criminal complaints against public officials regardless of their political affiliation.

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