1 week ago
14
Upgrade to High-Speed Internet for only ₱1499/month!
Enjoy up to 100 Mbps fiber broadband, perfect for browsing, streaming, and gaming.
Visit Suniway.ph to learn
MANILA, Philippines — Outgoing Cebu Gov. Gwendolyn Garcia was found guilty of indirect contempt for defying an Ombudsman preventive suspension order. She now has to pay a fine of P30,000.
The Office of the Ombudsman, in a decision dated June 10, ruled that Garcia was guilty of indirect contempt for refusing to step down after receiving the preventive suspension order on April 29.
“Wherefore, for defying the Preventive Suspension Order dated 23 April 2025, the Ombudsman finds respondent Governor Gwendolyn F. Garcia GUILTY of INDIRECT CONTEMPT, and hereby imposed a FINE of Thirty Thousand Pesos (P30,000), payable to the Office of the Ombudsman,” the decision read.
The suspension order stemmed from an administrative investigation into Garcia’s alleged grave abuse of authority for issuing a special permit to Shalom Construction, Inc. on May 14, 2024.
Garcia said the permit was issued to desilt the Mananga River in response to water shortages during the 2024 El Niño.
Moises Garcia Deiparine, the complainant, said Garcia issued the permit without securing the needed clearances from the Department of Environment and Natural Resources (DENR) or consulting government agencies.
So, how did it get here?
After the Ombudsman ordered her preventive suspension on April 23, Garcia sought a temporary restraining order, which the Court of Appeals 17th Division granted on May 15.
The Ombudsman then issued a show cause order on May 19, directing Garcia to explain why she should not be cited for indirect contempt for refusing to step down.
In her May 27 response, Garcia invoked the temporary restraining order, arguing that it allowed her to remain in office and continue performing her duties as governor.
However, the Ombudsman argued that a temporary restraining order is not retroactive, which means Garcia “should not have any legal authority to discharge the functions of governor” from April 29 to May 14.
“Despite implementation thereof and its immediately executory nature, you have willfully and openly refused to step down from your position as Governor,” the Ombudsman said, citing news reports.
Direct vs indirect contempt. Indirect or constructive contempt involves willfully disobeying a lawful process or court order outside the courtroom. Direct contempt, on the other hand, happens in the judge’s presence, such as open defiance or disrespect.
‘Immediately executory’
The Ombudsman described Garcia’s justifications as “standing on hollow ground.”
It cited Supreme Court precedent holding that preventive suspensions are “usually made immediately effective and executory” to prevent interference in the investigation, such as influencing potential witnesses and tampering with records.
“[Y]our failure to comply with the Preventive Suspension Order constitutes disrespect and insubordination, plain and simple,” the Ombudsman said.
“This behavior undermines not only the integrity of the Office of the Ombudsman, but more grievously, the very rule of law itself,” the decision read.
The Ombudsman also cautioned Garcia’s legal counsel that any technical arguments raised against the preventive suspension order “cannot, and will not, justify” the governor’s non-compliance.
“Neither your, nor your lawyers, are vested with the power to unilaterally determine and assess the validity of an Order issued by a constitutional office,” it said.
Garcia, however, has maintained that the complaint against her is politically motivated. She claimed it may involve the cease-and-desist order she issued against quarrying firm Apo Land and Quarry Corp in March.
Aside from grave abuse of authority, Garcia is also charged with gross misconduct, serious dishonesty, gross negligence, and conduct prejudicial to the service — all under Republic Act 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees.
Garcia, who sought reelection, lost to Pamela Baricuatro in the 2025 midterm elections.
