Ombudsman asks CA to allow Garcia’s suspension

MANILA, Philippines — Ombudsman Samuel Martires has asked the Court of Appeals (CA) to reverse its May 15 resolution that issued a 60-day temporary restraining order (TRO) against his office’s preventive suspension order on outgoing Cebu Governor Gwendolyn Garcia.

In a 21-page motion for reconsideration filed before the CA’s Seventh Division on May 30, Martires emphasized that the ombudsman’s authority to “suspend, remove or otherwise discipline erring government officials” is enshrined in the Constitution.

“Allowing the TRO to remain in effect – and thereby allowing petitioner Garcia to sidestep the preventive suspension – sends a troubling message: that legitimate grievances and complaints of graft and corruption, properly brought before the ombudsman, can be nullified by a provisional remedy issued in contravention of established rules and jurisprudence,” Martires’ motion read.

Garcia was ordered suspended on April 23 for up to six months, pending investigation into alleged violations of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.