Garcia found guilty of misconduct

MANILA, Philippines —  The Office of the Ombudsman has found former Cebu governor Gwendolyn Garcia guilty of misconduct and conduct prejudicial to the best interest of the service for granting a permit to a quarry operator without requiring an environmental compliance certificate (ECC).

In the dispositive portion of a 37-page decision dated July 16 and obtained by journalists only yesterday, the ombudsman suspended Garcia for one year without pay.

But since Garcia is no longer in office, the ombudsman said the penalty would be converted into a fine equivalent to her salary for six months.

A full copy of the decision has yet to be released to journalists as of last night.

The decision stemmed from an administrative complaint filed by a certain Moises Deiparine, who alleged that Garcia issued a special quarry permit to the Shalom Construction Inc. despite the lack of ECC or a certificate of non-coverage (CNC).

Both certificates must be secured from the Department of Environment and Natural Resources before a quarry permit can be issued to applicants.

The complainant said the special permit was issued without any prior study or consultation with other concerned government agencies.

In April, the ombudsman suspended Garcia for six months while the complaint was being investigated.

Garcia refused to vacate her post, saying she would first clarify the matter with the Department of the Interior Local Government.

She questioned the legality of the suspension order as it was issued just a few weeks before the May elections.

On May 15, the Court of Appeals stopped the implementation of the suspension order.

Garcia’s term ended on June 30 after she lost her reelection bid to Pam Baricuatro.