31 January 2013 MR. EDUARDO T. HABIN Provincial Administrator Cebu Provincial Government Cebu Provincial Capitol ENGR.

HECTOR JAMORA Officer-in-Charge Office of the Provincial Engineer Cebu Provincial Capitol MR. VALENTINO CRUZ Chief, Operations Civil Security Unit (CSU) Cebu Provincial Capitol THE CHIEF SECURITY Tactical Security Agency Capitol 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 Batallion Philippine 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 (Governor Garcia), 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 Philippine National Police.

The padlocking of the Office of the Governor when Governor Garcia temporarily stepped out of her Office to visit her constituents, and while members of Governor Garcias staff were still inside the Office of the Governor was illegal. Electricity and water 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 after the padlocking that a written order signed by Vice Governor Agnes Magpale to physically secure the offices occupied by the suspended Governor and to prevent entry therein, was presented. As you are aware, Governor Garcia maintains that the six (6) months Suspension Order issued against her by the Office of the President, is illegal. Not having been personally served the Suspension Order, the same has no legal effect. To contest the Suspension Order, Governor Garcia filed on 20 December 2012, a Petition for Review with Prayer for Temporary Restraining Order / Status Quo Ante Order and Preliminary Injunction before 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 illegality of the Suspension Order and its implementation, the act of padlocking the Office of the Governor is in violation of law, and preempts the Courts decision on the case. The act of padlocking the Office of the Governor is an affront on the jurisdiction of the Court, and a blatant violation of Governor Garcias constitutional right to due process. Vice Governor Magpales written order to physically secure the Office of the Governor does nothing to cure the illegality of padlocking the same. In preventing Governor Garcias 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 her Petition before the Court of Appeals. This directly contravenes Section 60 of the Local Government Code, which states that an elective local official may only be removed from office by order of the proper court. Governor Garcia is the duly elected and incumbent Governor of the Province of Cebu who is legally entitled to hold office at the Office of the Governor. Governor Garcias incumbency is beyond question following the pronouncements of the Supreme Court in Salaysay v. Castro,1 which states that a public official holding office in an acting capacity is not an incumbent. Rather, it is the elected public official who has been temporarily 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, she should not be prevented from entering and occupying the same, and no other person
1 2

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

other than the duly elected Governor should be allowed to hold office at the Office of the Governor. 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 hesitate to immediately avail of all available legal remedies against you, and use the strong arm of the law to see to it that all acts in violation of law will be prosecuted.