Cebu Governor Gwendolyn Garcia filed a 10-page complaint against Ombudsman Samuel Martires before the Commission on Elections (Comelec) in connection with his six-month preventive suspension against her.
Garcia lodged her counter affidavit on May 7 citing violation of the provisions of Section 261(x) of Batas Pambansa (BP) 881, that prohibits any suspension of public officials during election period, without prior approval from the Comelec.
On April 29, the Office of the Ombudsman issued a suspension order against Garcia—barely two weeks before or within the election period.
According to the governor, it is an election offense under BP 881 or the Omnibus Election Code to suspend any elective provincial, city, municipal or barangay officials without prior approval of the Comelec.
Garcia argued that only suspension orders for crimes punishable under Republic Act No. 3019 or the ‘Anti-Graft and Corrupt Practices Act’ may be executed without express approval from the Comelec during election period per the same law.
The complaint against the governor by Moises Garcia Deiparine that triggered the Ombudsman action was not for graft and corruption but for grave abuse of authority, gross misconduct, serious dishonesty, negligence, conduct prejudicial to the best interest of the service, and a violation of RA 6713 or the “Code of Conduct and Ethical Standards for Public Officials and Employees.”
The charges are “purely administrative in nature and fall entirely outside the legal exception that might have justified the preventive suspension during the election period” without Comelec approval, Garcia’s affidavit read.
“Instead of being commended for taking swift and decisive action to prevent a disaster affecting eight cities and municipalities, I was, to my great shock and dismay, unjustly slapped with a Preventive Suspension Order,” Garcia said.
The governor added that Ombudsman Martires issued a press statement condemning her reaction and openly admitted that they bypassed the usual procedure of serving such suspension orders through the Department of Interior and Local Government (DILG).
Garcia said this move aimed to prevent her from obtaining injunctive relief from the courts. “With his (Martires’) statements, it is clear that Respondent is determined to remove me as Governor of Cebu at all cost,” she added in her affidavit.
Editor’s Note: This is an updated article. Originally posted with the headline: “Garcia files complaint against Martires before Comelec”
