Photo courtesy: Ombudsman building by Patrickroque01 and file photo of former Cebu governor Gwendolyn Garcia.
CEBU CITY, PHILIPPINES — The Office of the Ombudsman has found former Cebu governor Gwendolyn Garcia guilty of conduct prejudicial to the best interest of the service and simple misconduct for issuing a river desilting permit without the required environmental clearance.
In a 37-page ruling dated July 16, 2025, the Ombudsman ordered Garcia to pay a fine equivalent to six months of her basic salary as governor, payable directly to the Ombudsman’s office. She would have been meted a one year suspension without pay had she won her reelection bid during the May 2025 elections.
“In view of the fact that the respondent is no longer a government official as of 30 June 2025, the penalty of suspension for one year without pay is converted into a fine equivalent to six months’ basic salary, payable to the Office of the Ombudsman,” the decision stated.
The administrative case stemmed from a complaint filed by Moises Deiparine, who accused Garcia of grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, and violations of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
While the Ombudsman dismissed some of the charges, it upheld her liability for conduct prejudicial to the service and simple misconduct.
The case involved a special permit Garcia issued on May 14, 2024, allowing Shalom Construction, Inc. to conduct desilting activities along the Mananga and Lusaran Rivers, both within the Central Cebu Protected Landscape.
Deiparine alleged that the permit was granted without securing an Environmental Compliance Certificate (ECC) or a Certificate of Non-Coverage (CNC) from the Department of Environment and Natural Resources (DENR), and without prior consultation with relevant agencies.
The anti-graft office acknowledged that Garcia’s intent was to address a severe water shortage caused by the El Niño phenomenon, but stressed that environmental safeguards could not be disregarded.
Deiparine filed his complaint on April 21, 2025, prompting the Ombudsman to issue a preventive suspension order two days later. Garcia’s camp argued that the suspension violated Section 261 of the Omnibus Election Code, which bars suspending elected officials during the election period without clearance from the Commission on Elections.
On May 16, 2025, the Court of Appeals issued a 60-day temporary restraining order halting the suspension. However, on June 13, 2025, the Ombudsman found Garcia guilty of indirect contempt for continuing to perform her duties despite the suspension order, imposing a ₱30,000 fine.
Garcia’s legal counsel, Atty. Benjamin Cabrido Jr., said they would file a motion for reconsideration, questioning the “factual and legal basis” of the Ombudsman’s ruling. Cabrido also criticized the timing and the intent of the decision, citing previous public remarks made by Ombudsman Samuel Martires that allegedly undermined the perceived impartiality of the investigation process.
“His open commentary on the case, even prior to its resolution, raises valid ethical questions…The timing of the decision’s release, coinciding with his retirement, only invites further scrutiny,” a statement from Garcia’s camp read.
The former governor stressed that she respects the rule of law and will seek remedies under the rules. She also expressed confidence that the Ombudsman’s new leadership can “undertake a more objective and impartial review.”
Garcia will file her motion for reconsideration on this recent decision, vowing to defend her name, record, and principles of fairness and accountability built over two decades of public service.
Cabrido confirmed that they have already prepared the motion for reconsideration and is just awaiting Garcia’s signature.
“For Gwen’s signature pa. Ugma (today) na jud ni ma file,” Cabrido said.
Deiparine, for his part, welcomed the decision, saying it proved that even high-ranking officials are not above the law.
“Nalipay kaayo ko sa desisyon sa Ombudsman,” he said, adding that while Garcia’s intention to address the water crisis was commendable, environmental requirements must still be followed to avoid bigger problems in the future.
He noted, however, that the penalty was too light.
“Ang result di jud enough, mas maayo gud unta to og disqualification of public service gud,” he said.
| Written by Mitchelle L. Palaubsanon, Jonnavie Villa/FPL
