PRESIDENT Ferdinand Marcos Jr. yesterday emphasized that politics should never get in the way of public service as he called for due process and the fair treatment of Cebu Governor Gwendolyn Garcia, who was suspended by the Ombudsman for six months over a construction project.
“Let me be clear: in a time like this-so close to the elections, it is vital that we uphold the rule of law and observe due process. Any action that affects the mandate of a duly elected official must go through the proper channels and in accordance with the Constitution and the Omnibus Election Code,” the President said in a statement.
Marcos said Garcia has served Cebu with strength and consistency and until all legal questions surrounding her suspension had been resolved, she deserves to be treated fairly and with the respect due to her office.
“Let us not allow politics to get in the way of public service. We must always be guided by the law, by prudence, and by what is best for the Filipino people,” he added.
The Ombudsman ordered the six-month preventive suspension of Garcia for allowing the issuance of a permit to a construction company despite the absence of an environmental compliance certificate.
The suspension was ordered two weeks before the midterm elections on May 12.
The order stemmed from the complaints for Grave Abuse of Authority, Gross Misconduct, Serious Dishonesty, Gross Negligence, Conduct Prejudicial to the Best Interest of the Service and violating Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees filed against Garcia in connection with the desilting of the Mananga River in Carmen.
‘SUSPENSION VALID’
Ombudsman Samuel Martires yesterday demanded an apology from Garcia for what he said were unfair remarks made by the latter ascribing political colors to the order placing her under a six-month preventive suspension.
In a two-page statement released to the media late Thursday evening, he clarified that the issuance of the suspension order against the Cebu governor underwent a normal process and was based on a valid complaint and available evidence submitted.
“We would like to assure the good Governor that due process was observed in the issuance of the preventive suspension order. A preventive suspension is issued to preserve the document and evidence pertaining to the case, which are under their control and custody, and the possibility of being tampered with; to prevent harassment of witnesses, and in order to avoid commission of further malfeasance or misfeasance in office,” Martires said.
Garcia was suspended 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).
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 a Environmental Compliance Certificate (ECC) or a Certificate of Non-Coverage from the Department of Environment and Natural Resources (DENR).
Likewise, the complainant said no prior study or consultation was held in coordination with relevant government agencies.
The Ombudsman said the quarry permit was questionable because it allowed intrusion into a protected area that could cause permanent damage more severe than the one committed by developers and resort owners in Bohol’s Chocolate Hills.
Garcia disputed the allegations leveled against her, saying the issuance of the Special Permit was a move to address the critical water shortage that had severely affected the entire franchise area of the Metropolitan Cebu Water District (MCWD), including Cebu City and seven other local government units.
She likewise said her action was made only after consultation with the Department of Environment and Natural Resources (DENR) and the Environmental Management Bureau (EMB) and the Mines and Geosciences Bureau (MGB).
She also said Deiparine’s complaint was politically motivated since he is the founder of the Duterte Riders Team.
Going a step further, she tagged Martires as a “Duterte appointee” even as she protested the suspension as illegal on the ground that there was no prior clearance from the Commission on Elections (Comelec).
Martires reminded Garcia that the Office of the Ombudsman is an independent constitutional body mandated to act on administrative and criminal complaints against public officials “regardless of political color and affiliation.”
“Governor Garcia owes the Ombudsman an apology for (her) 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 Duterte,” he said.
“The Office of the Ombudsman has remained and will always remain an independent constitutional office committed in its mandate to protect the rights of the people and fight graft and corruption,” the Ombudsman added. – With Peter Tabingo
