The Court of Appeals has overturned the ruling of the Office of the Ombudsman that found former Cebu Governor Gwen Garcia guilty of misconduct.
The Ombudsman had earlier imposed a fine equivalent to six months’ salary, or ₱1.2 million, on Garcia for approving a permit related to the desilting of the Mananga River in May 2024, at the height of Cebu’s water shortage caused by El Niño.
In its decision, the appellate court ruled that Garcia acted within her authority, particularly under emergency conditions.
“The petitioner is vested with the power to carry out emergency measures during, and in the aftermath of man-made and natural disasters,” Associate Justice Raymond Lauigan wrote.
The court also emphasized the lack of evidence showing any corrupt intent behind the issuance of the permit.
“Unfortunately for respondent, there is no shred of evidence to prove that the issuance of the Special Permit was wrongful, improper, or unlawful,” Lauigan added.
The validity of the permit itself was upheld, leading to Garcia’s exoneration from the charges.
“We won on this case, fair and square,” said Garcia’s lawyer, Ben Cabrido.