Garcia announces to continue as governor despite suspension, sends clarificatory query to DILG

CEBU CITY --   Cebu governor Gwendolyn Garcia, in a press conference at the Capitol on April 30, announced to continue to serve as Cebu’s governor despite the Ombudsman’s issuance of a 6-month preventive suspension order and, with her panel of legal counsel led by Atty. Rory Jon Sepulveda, Jr, she sent a clarificatory query to Secretary Juanito Victor Remulla of the Department of Interior and Local Government (DILG) regarding the legality of suspending a public official during an election period.

“In the light of the Ombudsman’s issuance of a 6-month preventive suspension order against me, it is important to maintain order and resoluteness during the election period, despite the suspension order. The decision to stay in office is driven by the need to portray a picture of firmness and order for the province of Cebu due to the ongoing campaign season and the importance of continuing to serve the constituents of Cebu,” Garcia said, in her opening statement.

Garcia also discussed upcoming events, including a rice selling initiative with the Secretary of Agriculture and support for farmers, emphasizing that these activities are conducted without candidate involvement and reiterated her commitment to maintaining order and resoluteness during the election period.

Garcia’s panel of legal counsel is led by Atty. RoryJon Sepulveda, the Legal Consultant of the province with Atty. Ben Canrido, Jr. and Atty Alex Avisado with his legal team.

 Atty. Alex Avisado argued that Governor Gwen Garcia is not defying an Ombudsman order but is instead exercising her legal rights under the Local Government Code and COMELEC resolution citing Sections 60, 2c, and 15, which prohibit preventive suspension within 90 days of an election and require prior authority for suspensions.

Avisado also cited Section 16, which mandates a request for authority before suspending a public official. The team advised the governor to continue her duties pending clarification from the DILG Secretary asserting that her actions align with legal guidelines and do not constitute defiance.

A glimpse of Garcia’s letter of query to secretary Remulla

“On 23 April 2025, the Office of the Ombudsman issued an Order placing me under preventive suspension in connection with the above-captioned case. While I have yet to receive a copy of the Complaint and respond to the charges against me, it is my respectful position that its implementation is strictly prohibited at this time as it is violative of Section 62 (c) of the Local Government Code that no preventive suspension order shall be imposed within ninety (90) days before the election,” Garcia wrote.

Any suspension of local elective official without prior approval of the Commission on Elections shall constitute an election offense under Section 261 (x), Article XXII of the Omnibus Election Code.  Garcia also cited Section 15, Rule V of Comelec Resolution No. 11059 explicitly requires prior written approval of the Comelec for the implementation of any suspension order against local elective officials.

Garcia’s legal team highlighted the clarity of the local government code and the COMELEC resolution and stressed the importance of waiting for instructions and guidance from the DILG before taking any further action. 

The Team advised governor Garcia to stay in office and not abandon her duties, as she is within her rights to continue serving. (Photos: MBCNewman)