Gwen Garcia's 6-month suspension: Court of Appeals junks it

LAPU-LAPU CITY, Cebu — The Court of Appeals (CA) has nullified the six-month preventive suspension imposed on former Cebu Governor Gwendolyn Garcia, ruling that the Office of the Ombudsman acted with grave abuse of discretion when it issued the order during the 2025 election period.

The appellate court said the suspension violated election rules that prohibited the suspension of elective officers during the election period without prior approval from the Commission on Elections (Comelec).

READ: Gwen Garcia cleared by Court of Appeals over Mananga de-silting

Court grants Garcia’s petition

On May 7, 2025, Garcia challenged the order issued by then Ombudsman Samuel Martires while she was facing an administrative complaint filed by Moises Garcia Deiparine.

Garcia argued that the suspension violated provisions of the Local Government Code, the Omnibus Election Code, and Comelec Resolution No. 11059.

More than a year later, the CA’s 14th Division granted Garcia’s petition for certiorari and prohibition in an 18-page decision promulgated on May 18, 2026.

Certiorari and prohibition are special legal remedies used to stop or review actions by government, courts, or officials when they go beyond their authority or seriously abuse their power.

READ: Criminal case vs Gwen Garcia: Ombudsman junks it

The ruling declared the April 2025 suspension order from the Office of the Ombudsman “invalid and without legal effect.”

Associate Justice Marietta S. Brawner-Cualing penned the ruling, which was concurred in by Associate Justices Gabriel T. Robeniol and Maximo M. De Leon.

River desilting permit

The administrative case arose from Garcia’s issuance of a special permit on May 14, 2024, authorizing Shalom Enterprises to conduct desilting operations in the Mananga River in Talisay City.

Deiparine accused Garcia of issuing the permit without first obtaining an Environmental Compliance Certificate (ECC) or a Certificate of Non-Coverage (CNC) from the Department of Environment and Natural Resources (DENR).

He also alleged that the permit was issued without consultation with the relevant government agencies.

READ: Gwen to challenge Ombudsman decision at Court of Appeals

The complaint accused Garcia of grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, conduct prejudicial to the best interest of the service, and violation of Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.

Election rules

In its decision, the CA explained that the Ombudsman was not covered by a provision of the Local Government Code that restricted the suspension of local officials.

However, the court said election laws and Comelec rules governing suspensions during the election period applied to all public officials, including the Ombudsman.

The appellate court stressed that elected provincial, city, municipal, and barangay officials could not be suspended during the election period unless Comelec first gave written approval.

The court noted that an exception existed for cases involving violations of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act.

However, it found that the Ombudsman’s suspension order did not state that Garcia was being charged under the anti-graft law.

“Nowhere in the assailed Order does it state that the petitioner is also charged with a violation of R.A. No. 3019 or that the imposition of preventive suspension upon the petitioner is founded upon the application of R.A. No. 3019,” part of the ruling read.

READ: Costly ‘abuse of discretion’

‘Grave abuse of discretion’

In declaring the suspension invalid, the court rejected the Ombudsman’s argument that the order fell within an exemption under the Omnibus Election Code.

“This court finds that the public respondent committed grave abuse of discretion when it rendered the order of preventive suspension against the petitioner. Thus, the assailed order is hereby declared invalid for violation of Section 261(x), Article XXII of the Omnibus Election Code and Comelec Resolution No. 11059,” the decision read.

With the ruling, the CA effectively set aside the preventive suspension order and affirmed that election-period restrictions on the suspension of elected officials must be observed unless a recognized legal exception applies.

Your subscription could not be saved. Please try again.

Your subscription has been successful.

Read Next

Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of Cebudailynews. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.