Cebu gov defies Aquino’s suspension order

Cebu Governor Gwendolyn Garcia. INQUIRER FILE PHOTO

CEBU CITY, Philippines–Cebu Governor Gwendolyn Garcia refused to step down from office despite the six-month suspension order imposed  on her by the Office of the President as a result of an administrative complaint filed against her.

“To all intents and purposes, I have not received the suspension order and I continue to be governor,” Garcia said in a press conference held at the provincial capitol at past 1 p.m. Wednesday.

Garcia said she had issued an executive order directing all provincial government employees to follow only her orders.

“I continue to be the governor of Cebu. I have issued my executive order to all department heads just to clear the confusion; that I am the chief executive of this provincial government and our department heads being under the executive department shall follow orders from the duly elected and duly installed governor with a mandate from the Cebuano people,” she said.

The governor said the suspension order was a power grab. “What they are doing is clearly an abuse of power,” she pointed out. “They tried to do it (power grab) in 2010.”

Garcia further noted that she was an underdog in this case, which would not be welcomed by the Cebuanos. “If there is a fight, you should not tie the hands of your opponent so you are the only one who could punch,” she said.

With a defiant Garcia holding on to the position of governor, Cebu would have two governors since Cebu Vice Governor Agnes Magpale had taken oath as acting governor before regional director Ananias Villacorta of the Department of Interior and Local Government.

Villacorta first went to the office of the governor at around 8:40 a.m. Wednesday to serve the suspension order but the governor was not around.

Instead, the DILG left a copy of the suspension order at the office of the governor and posted another copy at the door of the governor’s office after the governor’s chief of staff, Elizabeth Francia, refused to receive the order.

The suspension order was signed by Undersecretary Ronaldo Giron of the discipline office of the Office of the President.

“We are furnishing you a certified true copy of the decision signed by Executive Secretary Paquito Ochoa Jr. finding Cebu Governor Gwendolyn Garcia guilty of grave abuse of authority and imposing upon her the penalty of six-month suspension from office,” Giron said in his order, dated Dec. 18.

A memorandum signed by Interior and Local Government Secretary Manuel Roxas II that directed Garcia to comply with the suspension order was also furnished to Garcia’s office.

“In this regard you are hereby directed to comply with this decision of six months suspension from office upon receipt of the decision. For your compliance,” Roxas said in his memorandum.

From the governor’s office, Villacorta proceeded to the office of Cebu Vice Gov.  Agnes Magpale to administer the oath of office to her as acting governor.

Villacorta was accompanied by DILG regional office lawyer Aiiza Nogra and two from the DILG central office–lawyer Ariel Tanangunon and Jun Alano.

Since Magpale was taking over as acting governor, Provincial Board Member Julian Daan will assume as acting vice governor.

The suspension stemmed from an administrative case for usurpation of authority filed by then Vice Gov. Greg Sanchez Jr. against Garcia.

Sanchez had accused Garcia of cutting down the budget of his office and taking over the appointment of his staff and consultants reportedly to lessen his role following the break-up of their political alliance.

The budget for the office of the vice-governor in 2010 was P45.5 million but this was reduced to P18 million in the proposed budget for 2011. On the other hand, the budget of the provincial board offices was reduced from P8 million to P2.4 million, Sanchez had noted.

Sanchez claimed that the amount was transferred from the vice governor’s office and Sangguniang Panlalawigan budgets to the executive budget with the intent to usurp the power of the vice governor to appoint all employees in his office and that of the Sangguniang Panlalawigan employees.

But Garcia had said that under the Local Government Code, her actions were within her authority as governor to appoint employees and allocate funds.

When Sanchez succumbed to lung cancer on April 29, 2011, his daughter Gigi Sanchez-Zaballero decided to pursue the case he had filed against Garcia.