Cebu’s Garcia cleared of graft

Over issuance of special quarry permit

MANILA, Philippines — The Office of the Ombudsman has dismissed a complaint for graft filed against former Cebu governor Gwendolyn Garcia in connection with the issuance of a quarry permit for a river desiltation project. 

In a resolution dated Aug. 29 and obtained by journalist only yesterday, the ombudsman dismissed “for lack of probable cause” the complaint filed against Garcia and private respondent Anthony James Limchesing, general manager of Shalom Construction Inc.

State prosecutors said Garcia did not violate Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which prohibits public officials from giving unwarranted benefit, advantage or preference to a private party or from causing any party, including the government, undue injury.

The ombudsman’s five-member special panel of investigators led by Ryan Medrano said the complaint has no legal and factual bases, and failed to establish the respondents’ willful intent to violate the law.

The investigation stemmed from a complaint filed by a certain Moises Garcia Deiparine early this year.

The complainant alleged that in May 2024, Garcia issued the quarry permit even as Shalom Construction Inc. did not secure the required environmental compliance certificate or certificate of non-coverage from the Department of Environment and Natural Resources. 

Deiparine alleged that the permit was issued without any prior study or consultation with other concerned government agencies.

Garcia had maintained that the issuance of the permit was aboveboard and was borne out of necessity to address the looming water crisis in the province. 

She said the issuance was approved by the Sangguniang Panlalawigan and other concerned government agencies, and had undergone consultation with local governments.

In a decision promulgated on July 16 and approved by then ombudsman Samuel Martires, Garcia was found guilty of administrative offenses of simple misconduct and conduct prejudicial to the best interest of the service.

Garcia was suspended for one year without pay, but since she was no longer in office, the ombudsman converted the penalty to a fine equivalent to her basic salary of six months.