But Palace expects all concerned parties to ‘follow what the law says’

President Ferdinand “Bongbong Marcos Jr. will not shield Cebu Governor Gwendolyn Garcia from the Ombudsman’s suspension order despite her being a key political ally and head of the influential One Cebu Party, Malacañang assured yesterday.

“The President will not do that,” said Palace Press Officer Claire Castro, when asked if the President would intervene in favor of Garcia.

Castro emphasized that the chief executive is committed to upholding the rule of law and will not allow political affiliations to influence legal processes.

“Our President also clearly stated that the rule of law should be strengthened, due process should be upheld, and no one should abuse any power, no matter who you are,” she said.

The Office of the Ombudsman recently ordered Garcia’s suspension over alleged grave abuse of authority, prompting a standoff as the governor refused to vacate her post, citing a legal prohibition on suspensions during the 90-day election period.

However, Castro emphasized that the President expects all parties to abide strictly by the law and follow established procedures.

“So, we will follow what the law says and what procedure should be done,” she said.

“If Governor Gwen Garcia has a defense and is saying that a 90-day suspension should not be implemented during the election period, if that is what the law says, then that is what should be followed,” Castro added.

When asked whether Mr. Marcos believed the suspension was politically motivated, Castro reiterated the President’s position to remain above partisan claims.

“The President’s view is always whatever is in accordance with the law; we will not use the excuse of politicking,” she said.

Castro declined to weigh in on whether the abuse of power lies with Garcia or Ombudsman Samuel Marties, reiterating that due process must be allowed to take its course.

“We are not saying anything about whether the abuser is the Ombudsman or Governor Gwen Garcia,” she said.

In a statement, Martires said Garcia’s public declaration did not come as a surprise.

“This is not the first time Gov. Garcia has defied the rule of law particularly the lawful order and decision of the Office of the Ombudsman,” he said.

Martires said Garcia, then a 3rd district representative of Cebu, was ordered dismissed from service due to a questionable purchase property in 2008, most of which were later found to be submerged.

He said Garcia “defied the Ombudsman’s Decision and without any Court Order remained in Office until June 2019 because the decision of the Ombudsman was not implemented by the leadership of the House of Representatives.”

Meanwhile, the Commission on Elections (Comelec) has yet to decide on the Cebu governor’s plea for injunctive relief as the Ombudsman’s office has yet to request the poll body to greenlight the enforcement of her preventive suspension.

Comelec chairman George Garcia reminded concerned parties that all suspensions during the campaign period, 45 days before the election, cannot be implemented without the Comelec’s permission, although there are certain exceptions.

He cited Section 261 (x) of the Omnibus Election Code, which only exempts the suspension of public officials during the election period without prior approval from Comelec when the purpose of the suspension is related to the Anti-Graft and Corrupt Practices Act.

For her part, Gov. Garcia contended in a letter to DILG Secretary Jonvic Remulla that the Ombudsman’s directive contravenes Section 62(c) of the Local Government Code and Section 261(x) of the Omnibus Election Code, which forbid the suspension of elected officials within 90 days of an election without the approval of the Comelec.

She also referenced Section 15, Rule V of Comelec Resolution No. 11059, which prohibits any form of suspension—whether preventive or penal—from January 12 to June 11, 2025, unless prior written consent is obtained.

Gov. Garcia stated, “In the absence of a written approval from the Comelec, I respectfully assert that I am not legally required to adhere to the preventive suspension order at this time. Nevertheless, I defer to your esteemed office for the necessary guidance on this issue.”

To recall, the Ombudsman’s office served a five-page suspension order to Garcia on Monday, or 14 days before the May 12 midterm polls.

Garcia is running for her third consecutive three-year term as Cebu governor.

She was accused by a certain Moises Deiparine of granting a special permit to Shalom Construction, Inc. last May 14, 2024 without an Environmental Compliance Certificate (ECC) or a Certificate of Non-Coverage (CNC) issued by the Department of Environment and Natural Resources (DENR) or prior study/consultation with other relevant government agencies.

Editor’s Note: This is an updated article. Originally posted with the headline “Marcos won’t intervene in suspension of Cebu’s Garcia — Palace.”