Lawyer files disqualification petition vs Cebu Governor Gwen Garcia

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'It is unfortunate that Governor Garcia has chosen to dismiss a serious legal matter with personal attacks and sarcasm rather than addressing the core issues in the petition,' says lawyer Julito Añora Jr. 

CEBU CITY, Philippines – With just days left before the May 12 elections, a lawyer filed a disqualification petition with the Commission on Elections (Comelec) against Cebu Governor Gwen Garcia, accusing her of violating election laws by allegedly misusing public funds during the campaign period.

Lawyer Julito Añora Jr. alleged that Garcia violated Section 261(v)(2) of the Omnibus Election Code, which prohibits the use of public funds for election-related activities during the election period, except in legally exempted cases. 

Specifically, the petition filed on Friday, May 9, pointed to Garcia’s involvement in the P20 per kilo rice program under the “P20 Benteng Bigas Meron na!” initiative which was launched in Cebu on May 1. This program was the first local government-led rollout of subsidized rice in the country.

Falling under social welfare and development projects, the program was alleged to have unlawfully disbursed public funds during the election period, constituting an election offense as defined by the Omnibus Election Code.

“The main argument is that no public funds shall be disbursed, released or expended during election season, especially if the funds are used for social welfare projects,” Añora told Rappler.

Añora was joined by legal counsels Mark de Veyra and Inocencio Dela Cerna, a Cebu-based lawyer known for handling high-profile election and criminal cases. Dela Cerna survived a 2019 assassination attempt believed to be linked to his legal work.

In a statement, Añora said, “I do this fully aware of the weight of her influence and the risks that come with challenging someone so powerful,” he said. “This is not just about one case. This is about reminding every public official that public service is a public trust, and accountability is not optional.”

Reacting to the petition, Garcia was reported by The Freeman as saying: “Well, at least Atty. Añora will finally get the media exposure he direly needs with this boringly political and obviously desperate exercise in futility.” 

Añora countered and told Rappler: “This is not about media exposure or political theatrics — it’s about upholding the rule of law and making sure public officials are held accountable to the people they serve.” 

Addressing questions about the timing of the petition — just days before voters head to the polls — Añora said, “The implementation of the P20 per kilo rice, I think, was made on May 1 or 2. Hence, the belated filing of the petition.” He denied any political motives, saying, “I’m not connected to any politicians. I did this as a concerned Cebuano — nothing more, nothing less.”

As of this writing, the Comelec has yet to issue a formal statement on the petition.

Suspension hold

Garcia remains in office despite a six-month preventive suspension order from the Office of the Ombudsman over an alleged issuance of a quarry permit in a protected area in the province.

The Department of the Interior and Local Government (DILG) has yet to act on the Ombudsman’s order because it is awaiting clarification from the Comelec on whether the suspension can be enforced during the campaign period.

“The DILG is still awaiting the reply of the Comelec regarding a query that we sent in light of the pronouncement of the Comelec that the suspension order of elected officials during the campaign period must secure approval from the Comelec, so we are just waiting for that reply,” DILG Undersecretary for Public Affairs and Communications Rolando Puno said during a press conference.

Comelec Chairman George Garcia clarified in a dzRH radio interview that suspensions of elected officials are prohibited within the 45-day campaign period before an election without the poll body’s approval.

“First, all suspensions imposed at the start of the campaign period, 45 days before the election, cannot be implemented without permission from the Commission on Elections,” Garcia said.

There is only one exception, he said: “That is when the suspension is implemented by the Office of the Ombudsman related to the Anti-Graft and Corrupt Practices Act, which is Republic Act 3019.”

The DILG’s decision to hold off on enforcement of the Ombudsman’s order is driven by these conflicting directives.

Puno explained, “That really needs clarification because we have the Ombudsman order on one hand, and on the other hand, we have comments from the chairman. Just to be clear, we really need to wait for the comment of Comelec on this matter.” – Rappler.com

Marjuice Destinado is a Political Science student and campus journalist from Cebu Normal University. The feature editor of Ang Suga and a fact checker at Explained PH, she is an Aries Rufo Journalism Fellowship candidate from April-May 2025.