The Court of Appeals has cleared former Cebu governor Gwendolyn Garcia of administrative liability over the desilting operations along the Mananga River, reversing an earlier ruling that led to her suspension.
In a decision promulgated on February 26, 2026, the appellate court’s 11th Division granted Garcia’s appeal and set aside the findings of the Office of the Ombudsman, which had earlier found her guilty of simple misconduct and conduct prejudicial to the best interest of the service.
Associate Justice Raymond Reynold Lauigan penned the ruling, with Associate Justices Maria Elisa Sempio Diy and Ma. Consejo Gengos-Ignalaga concurring.
The court ruled that complainant Moises Deiparine failed to prove that Garcia acted with wrongful intent.
“The court holds that respondent failed to discharge his burden of proving petitioner’s wrongful and corrupt intention,” the decision stated.
The case arose from the 2024 desilting activities in the Mananga River, where Garcia authorized the project without first obtaining an environmental compliance certificate, triggering allegations of irregularity.
The Ombudsman had earlier imposed a six-month preventive suspension on Garcia ahead of the May 2025 elections and found her administratively liable.
However, the appellate court found no sufficient basis to uphold the charges.
“In the same vein, the Ombudsman erred in holding petitioner liable for Conduct Prejudicial to the Best Interest of the Service,” the court said.
It stressed that the complainant failed to establish the elements required to prove both simple misconduct and conduct prejudicial to public service, which are typically associated with acts such as misappropriation of public funds or falsification of documents.
“In this case, the court cannot deduce from the facts and circumstances of the case how petitioner’s act amounted to a Conduct Prejudicial to the Best Interest of the Service,” the CA explained.
The court also noted the absence of evidence showing environmental damage resulting from the desilting operations. Records did not indicate any harm or destruction within the Mananga watershed.
It added that Garcia acted in response to urgent conditions at the time, carrying out measures during a state of calamity.
The ruling effectively ends the administrative case tied to the project, with the court finding no proof of corruption or bad faith in Garcia’s actions.
