Garcia files complaint vs Martires over suspension

MANILA, Philippines — Cebu Gov. Gwen Garcia has filed a complaint against Ombudsman Samuel Martires for suspending her over a special permit she issued to a quarry operator without the required environmental compliance certificate and other pertinent documents.

In a 10-page complaint filed before the Commission on Elections (Comelec), Garcia accused Martires of committing an election offense as provided under the Omnibus Election Code.

Garcia said Martires violated the law when he preventively suspended her within 90 days before the elections.

“The order was issued and served on  April 29, which is well within the 90-day prohibited period before the conduct of the May 12  elections,” Garcia said in the complaint. “The order was immediately executory, immune to any motion, appeal, or petition unless otherwise enjoined by the ombudsman or a competent court.”

She said the suspension order was written in a four-page document without a copy of the complaint or other attachments. 

She was charged with grave abuse of authority, gross misconduct, serious dishonesty, gross negligence, and violation of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

“The suspension order was issued and served without any written approval from this Honorable Commission,” she said, referring to the Comelec. 

“Equally disturbing was the absence of any charge involving a violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, the only legal basis that could have arguably justified such a suspension during the election period,” she said. 

Garcia said Martires may be found liable for violation of Section 261(x) of the Omnibus Election Code, which provides that suspension of a local elective official without prior approval of the Comelec constitutes an election offense.

She said the charges against her are administrative and fall outside the legal exception that might have justified a preventive suspension imposed during the election period.

Martires has demanded an apology from Garcia for insinuating that his order was motivated by his being an appointee of former president Rodrigo Duterte, who is no longer an ally of Garcia. — Neil Jayson Servallos