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31 January 2013

MR. EDUARDO T. HABIN

Provincial AdministratorCebu Provincial GovernmentCebu Provincial Capitol

ENGR. HECTOR JAMORA

Officer-in-ChargeOffice of the Provincial EngineerCebu Provincial Capitol

MR. VALENTINO CRUZ

Chief, OperationsCivil Security Unit (CSU)Cebu Provincial Capitol

THE CHIEF SECURITY

Tactical Security AgencyCapitol Compound, Cebu City

CHIEF SUPT. MARCELO GARBO

Chief, Police Regional Office,Central Visayas (PRO-7)

Philippine National Police

SUPT. LEOPOLDO CABANAG

Commanding Officer,Regional Public Safety BatallionPhilippine National Police

RE: ILLEGAL PADLOCKING OF THE OFFICE

OF GOVERNOR GWENDOLYN F. GARCIA

____________________________________

Gentlemen:

We write in behalf of our client, GOVERNOR GWENDOLYN F. GARCIA (GovernorGarcia), regarding the padlocking of the Office of the Governor on 31 January 2013,which was undertaken by force and with the aid of armed members of the PhilippineNational Police.

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The padlocking of the Office of the Governor when Governor Garcia temporarilystepped out of her Office to visit her constituents, and while members of GovernorGarcias staff were still inside the Office of the Governor was illegal. Electricity andwater was cut-off, and even the restrooms were boarded up. When asked for a written

order directing the padlocking of the office, none was produced. It was only hours afterthe padlocking that a written order signed by Vice Governor Agnes Magpale tophysically secure the offices occupied by the suspended Governor and to prevententry therein, was presented.

As you are aware, Governor Garcia maintains that the six (6) months Suspension Orderissued against her by the Office of the President, is illegal. Not having been personallyserved the Suspension Order, the same has no legal effect. To contest the SuspensionOrder, Governor Garcia filed on 20 December 2012, a Petition for Review with Prayerfor Temporary Restraining Order / Status Quo Ante Order and Preliminary Injunctionbefore the Court of Appeals. The Petition was heard in oral arguments on 10 January

2013 and, to date, is pending adjudication by the Court.

Since the Court of Appeals has taken cognizance of the issue concerning the illegalityof the Suspension Order and its implementation, the act of padlocking the Office of theGovernor is in violation of law, and preempts the Courts decision on the case. The actof padlocking the Office of the Governor is an affront on the jurisdiction of the Court, anda blatant violation of Governor Garcias constitutional right to due process.

Vice Governor Magpales written order to physically secure the Office of the Governordoes nothing to cure the illegality of padlocking the same. In preventing GovernorGarcias entry back into her Office, she has been virtually removed from Office even if

the penalty against her is only suspension, and even pending adjudication of herPetition before the Court of Appeals. This directly contravenes Section 60 of the LocalGovernment Code, which states that an elective local official may only be removed fromoffice by order of the proper court.

Governor Garcia is the duly elected and incumbent Governor of the Province of Cebuwho is legally entitled to hold office at the Office of the Governor. Governor Garciasincumbency is beyond question following the pronouncements of the Supreme Court inSalaysay v. Castro,1 which states that a public official holding office in an actingcapacity is not an incumbent. Rather, it is the elected public official who has beentemporarily disabled2 from holding said office who continues to be the incumbent.

Since Governor Garcia is clearly entitled to hold office at the Office of the Governor, sheshould not be prevented from entering and occupying the same, and no other person

1Nicanor G. Salaysay v. Honorable Fred Ruiz Castro, et al., G.R. No. L-9669, 31 January 1956. 2 Without conceding our position that the suspension of the Governor is illegal.

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other than the duly elected Governor should be allowed to hold office at the Office of theGovernor.

In view of the foregoing, demand is hereby made on you to PREVENT any person other

than the duly elected Governor from holding office at the Office of the Governor.

Should you fail to comply with the foregoing demand, Governor Garcia shall not hesitateto immediately avail of all available legal remedies against you, and use the strong armof the law to see to it that all acts in violation of law will be prosecuted.