Cebu Gov. Garcia defies suspension order, seeks TRO
(Updated 4:33 p.m.) Suspended Cebu Governor Gwendolyn Garcia has asked the Court of Appeals to stop the suspension order against her that stemmed from an administrative case in 2010.
Garcia's lawyers on Friday filed with the CA a petition for review with prayer for the issuance of a temporary restraining order, which was eventually raffled off to the court's Twelfth Division under Associate Justice Vicente Veloso.
A Court of Appeals source told GMA News Online that "lawyers of the Twelfth Division are thoroughly studying the petition."
Asked for copies of the petition, the source said it would be "physically impossible" to reproduce the "three-volume rollo" at this moment.
The source also said the Twelfth Division might be unable to resolve the petition within the day because of the "voluminous records" included in the petition.
The administrative case against Garcia was lodged by the late Vice Governor Gregorio Sanchez Jr., who accused her of committing acts of usurpation, including the hiring of employees, consultants and slashing the budget of the Office of the Vice Governor.
"Over my dead body"
Malacañang has already appealed to Garcia to accept her suspension and let the wheels of justice turn after she defied the order and instead issued an order to all provincial hall employees not to recognize directives from acting governor Vice Governor Agnes Magpale.
Garcia, in an interview aired on GMA News TV's "Balita Pilipinas," said she would continue to hold office at the provincial capitol "and they can only stop me if they will physically drag me out of this office.”
“And if they want to stop me, then they’ll have to do that over my dead body,” she added.
The Cebu police said they would not physically remove Garcia from her office unless ordered.
Garcia said she believes her suspension was politically motivated — a claim denied by the government. She also said the suspension order was defective since she did not receive it personally.
Interior Secretary Manuel "Mar" Roxas II said the order is still considered served as there are two ways of doing it that are equally recognized by law—either serving it personally or serving it in the place or office where the subject is most commonly found.
The Department of Interior and Local Government team went to Garcia’s office at the Cebu provincial capitol earlier this week to serve the suspension order. The team then went to the office of Magpale to administer her oath as officer-in-charge. — with Gian C. Geronimo/KBK, GMA News
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