The Court of Appeals has declared invalid the six-month preventive suspension imposed on Cebu Governor Gwen Garcia, finding that the Office of the Ombudsman committed grave abuse of discretion in issuing the order.
In a decision issued by its Fourteenth Division, the appellate court ruled that Garcia’s April 23, 2025 suspension was imposed during the election period, when the Omnibus Election Code generally prohibits the suspension of elective officials.
The complaint against Garcia was initiated during the tenure of former Ombudsman Samuel R. Martires. However, the Court of Appeals found that the Office of the Ombudsman failed to establish that Garcia’s case fell under any of the exceptions that would allow the suspension of an elected official during the election period.
Garcia had been facing administrative charges that included 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.
The appellate court also noted that the suspension order did not cite alleged violations of the Anti-Graft and Corrupt Practices Act, which could have justified an exception to the election-period prohibition.
The ruling is expected to reignite debate over the political origins of Garcia’s suspension, an issue that has remained a point of contention among her supporters.
Supporters of Garcia have long maintained that the suspension was politically motivated, a claim denied by those accused of involvement.
The decision was penned by Associate Justice Marietta S. Brawner-Cualing, with Associate Justices Gabriel T. Robeniol and Maximo M. De Leon concurring.
