CA clears Gwen in Mananga desilting case

CEBU, Philippines — The Court of Appeals (CA) has reversed the ruling of the Office of the Ombudsman that earlier found former Cebu governor Gwendolyn Garcia guilty of simple misconduct and conduct prejudicial to the best interest of the service in connection with the desilting of the Mananga River in Talisay City.

In a decision promulgated on Feb. 24, 2026, the appellate court’s 11th Division granted Garcia’s petition for review, citing the failure of complainant Moises Garcia Deiparine to prove that the former governor’s actions were wrongful or motivated by corrupt intent.

The ruling was penned by Associate Justice Raymond Reynold Lauigan and concurred in by Associate Justices Maria Elisa Sempio Diy and Ma. Consejo Gengos-Ignalaga.

Deiparine had filed complaints alleging irregularities after Garcia granted a permit to a quarry operator involved in the desilting project without requiring an environmental compliance certificate (ECC).

The Ombudsman earlier found Garcia administratively liable for simple misconduct and conduct prejudicial to the best interest of the service and meted her suspension from office.

However, the Court of Appeals ruled that an act may constitute conduct prejudicial to the best interest of the service only if it involves misappropriation of public funds.

In Garcia’s case, the court said it could not determine from the facts how her actions amounted to conduct prejudicial to public service, noting that “records are bereft of any findings that the desilting activities caused any damage or destruction to the Mananga watershed.”

The appellate court also noted that Garcia was implementing emergency measures during a state of calamity brought about by a dry spell.

“Absent any evidence establishing corruption and bad faith, the petitioner cannot be held liable for any other grave offense classified under the Civil Service Law,” the court said.

Garcia earlier argued that the desilting operations were undertaken to address the water crisis in Cebu in 2024 caused by the effects of El Niño.