Garcia sues Ombudsman

FOR VIOLATION OF OMNIBUS ELECTION CODE

- Mitchelle Palaubsanon, Staff Member

Cebu Governor Gwendolyn Garcia has filed a complaint against Ombudsman Samuel Martires before the Commission on Elections (Comelec), accusing him of committing an election offense over the suspension order he slapped against her.

In her ten-page affidavit-complaint, Garcia charged Martires for violating Article XXII, Section 261(x) of Batas Pambansa Blg. 881, or the Omnibus Election Code, which prohibits suspending a local elective official without Comelec’s prior approval.

“Notably, the Order was issued and served on 29 April 2025, well within the 90-day prohibited period before the 12 May 2025 elections. The Order emphasized that it was immediately executory, immune to any motion, appeal, or petition unless otherwise enjoined by the Ombudsman or a competent court,” the complaint stated.

She was charged with Grave Abuse of Authority, Gross Misconduct, Serious Dishonesty, Gross Negligence, Conduct Prejudicial to the Best Interest of the Service, and violation of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).

Garcia further said the suspension order was a four-page document that did not include a copy of the complaint or any attachments.

"Worse, the Preventive Suspension order was issued and served without any written approval from this Honorable Commission," she said.

Garcia questioned both the timing and the legality of the suspension, as she emphasized that the order lacked any reference to a violation of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act the only exception allowed by law for such a suspension during elections.