Gwen suspended again!

I remember sending my radio reporter to Lusaran Dam to cover the colorfully painted rocks that went viral on social media last year. The attention it drew prompted the Cebu City Environment and Natural Resources Office (CCENRO) to order their removal.

CCENRO officer Reymar Hijara stated that painting the rocks surrounding the dam is prohibited and punishable under existing environmental protection laws. CCENRO vowed to hold accountable the Barangay Lusaran officials who will be found responsible for the incident due to its environmental impacts.

If painting rocks is prohibited, how much more the removal of truckloads of sand and gravel from a protected area, like the Mananga River system in Camp 4, Talisay City, Cebu?

This is the basis of the bombshell news that broke this week on the Ombudsman’s order preventively suspending Cebu Governor Gwen Garcia. Garcia issued a special quarry permit to Shalom Construction without requiring an Environmental Compliance Certificate (ECC) and other necessary papers.

In a press conference held by Garcia and her legal team, several points were raised, but let me highlight two that are of significant public interest: first, she justified the issuance of the special permit; second, she declared that she will not step down from office.

Regarding the first point, she claimed that the special permit was issued in response to the El Niño phenomenon. Her legal team presented drone footage of the dry riverbed, which apparently showed the sand and gravel deposits. According to them the activity was desiltation, although they did not elaborate further.

However, the Ombudsman was not convinced by that reasoning. It emphasized in its order that there was no scientific study or reference from any competent government agency supporting the claim that such extraction would mitigate the effects of El Niño or reduce flood risks.

On the second point, Gwen’s refusal to step down, she instead wrote to DILG Secretary Jonvic Remulla, citing Section 261 (x) of the Omnibus Election Code, which prohibits the suspension of any public elected official during the election period without prior approval from the Commission.

Let us revisit the entire provision she cited: Section 261 (x) Suspension of elective Provincial, City, Municipal or Barangay Officer-The provision of law to the contrary notwithstanding during the election period, any public official who suspends, without prior approval of the commission, any elective provincial, city, municipal or barangay officer, unless said suspension will be for purposes of applying the “Anti-Graft and Corrupt Practices Act” in relation to the suspension and removal of elective officials; in which case the provisions of this section shall be inapplicable.

Examining the wording of this provision, particularly “any public official who suspends” and “unless” signifies that the Ombudsman is excluded when acting on graft-related cases. Moreover, the Comelec cannot review the Ombudsman’s order, as both are constitutional bodies with distinct mandates and jurisdictions.

Therefore, Gwen should comply with the legal order of the Ombudsman, just as Cebu City Mayor Mike Rama and Mandaue City Mayor Jonas Cortes did. By refusing to follow the law, she is demonstrating arrogance in a society that aspires to be governed by the rule of law.

This is the second time Gwen has been suspended. The first was in 2012, when she also refused to vacate her office in the Capitol. But under President Noynoy Aquino, the law was strictly enforced, and Gwen was eventually evicted.

Now, under President Ferdinand Marcos Jr., let us see what happens following Gwen’s defiance. Is the saying “No one is above the law” still applicable today?