CEBU, Philippines – Cebu Governor Gwen Garcia said on Wednesday, April 30, she would not step down despite a preventive suspension order from the Ombudsman, as she awaits clarification from Interior Secretary Jonvic Remulla, less than two weeks left before election day.
“I have decided to send this query to him for clarification…. I imagine that the [Department of Interior and Local Government] might also request clarification from the [Commission on Elections],” she said in a livestreamed press conference.
Garcia’s lawyer, Alex Avisado Jr., said the suspension order was invalid during the election period, citing a provision in the Local Government Code that bars investigations and preventive suspensions within 90 days before the elections.
Ombudsman Samuel Martires issued a six-month preventive suspension order on April 23 against Garcia, who is campaigning for reelection, over an alleged issuance of a permit in a protected area, specifically the Mananga River in Talisay City.
It stemmed from the complaint of one Moises Garcia Deiparine who accused the governor of grave abuse of authority for issuing a special permit for desilting activities at the river without any Environmental Compliance Certificate (ECC) or a Certificate of Non-Coverage (CNC) from the Department of Environment and Natural Resources (DENR), or prior consultation with other concerned government agencies.
Preventive suspensions in administrative investigations are implemented to protect government offices from potential undue influence and other factors detrimental to the probe.
What does the Comelec say?
Under Section 15 of Rule 5 of Comelec Resolution No. 11059, local public officials cannot be suspended without the approval of the Comelec, and this includes both preventive and penalty suspensions.
Section 16 of the same resolution indicates that a request for authority to suspend a local public official must be submitted to the law department of the Comelec.
“Una po, ang lahat ng suspension pagpasok ng campaign period, 45 days before the election, ay hindi maisasakatuparan ng walang pahintulot ang Commission on Elections subalit may exemption diyan,” Comelec Chairman George Garcia said in a DZRH radio interview on Wednesday.
(Firstly, all suspensions during the campaign period, 45 days before the election, cannot be implemented without the permission of the Commission on Elections, but there is an exemption to that.)
Garcia cited Section 261 (x) of the Omnibus Election Code, which only exempts the suspension of public officials during the election period without prior approval from Comelec when the purpose of the suspension is related to the Anti-Graft and Corrupt Practices Act.
He clarified in the interview that they have not yet received any communication from the Ombudsman regarding a request for exemption in implementing the preventive suspension order against Garcia.
Garcia added that it would be the Office of the Ombudsman, the DILG, and other concerned agencies that should send the letter or request for authority to implement any preventive suspension order against a public official during the campaign period. – Rappler.com