FORMER Cebu governor Gwendolyn Garcia’s legal fight over the controversial Mananga River desilting project suffered another setback after the Office of the Ombudsman denied her bid to overturn its earlier ruling.
In a resolution dated August 29, 2025, the Ombudsman rejected Garcia’s motion for reconsideration and upheld its finding of Conduct Prejudicial to the Best Interest of the Service and Simple Misconduct.
The case stemmed from a complaint filed by private citizen Moises Garcia Deiparine, who accused Garcia of authorizing the desilting project in Talisay City without first securing an Environmental Compliance Certificate (ECC) from the Department of Environment and Natural Resources (DENR).
The Ombudsman’s initial decision on July 16, 2025, imposed a one-year suspension without pay.
Because Garcia’s term ended on June 30, 2025, the penalty was converted into a fine equivalent to six months of her salary, estimated at about P1.2 million.
She was cleared of other allegations, including grave abuse of authority and gross dishonesty.
In her appeal, Garcia invoked the Doctrine of Necessity, arguing that the desilting was warranted amid Cebu’s worsening water crisis and backed by recommendations from agencies such as the Department of Public Works and Highways and the DENR.
Investigators, however, dismissed her motion as lacking merit, stressing that she failed to present new evidence or identify errors in the earlier ruling.
“To be considered meritorious, the Motion must do more than merely reiterate arguments previously raised,” the Ombudsman said in its resolution.
The three-page order, signed by Graft Investigation and Prosecution Officers May De Guzman, Corinne Joie Garillo-Arellano, and Ryan Silvestre, noted that Garcia’s defenses had already been considered and rejected.
It also highlighted her implied admission that no ECC was ever obtained for the project.
On Tuesday, Garcia’s camp maintained that her appeal raised new issues, particularly the reliance on the Doctrine of Necessity.
Lawyer Benjamin Cabrido said in a statement that the desilting was not a quarrying activity but an urgent response to the water shortage triggered by the 2023–2024 El Niño.
He added that the Ombudsman failed to fully consider this context in its ruling.
Cabrido said they are preparing to file a petition before the Court of Appeals to challenge the sanction and clear Garcia of liability.
Cebu Business News
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