THE Court of Appeals (CA) has directed Malacañang to explain and defend its suspension order on Cebu Governor Gwendolyn “Gwen” Garcia.

The appellate court’s 12th Division did not issue a temporary restraining order (TRO) on Wednesday to stop the Garcia’s suspension, but instead ordered oral arguments, which shall be held on January 10.

The Manila Times learned that members of the CA 12th Division—Associate Justices Vicente Veloso, Aurora Jane Lantion and Eduardo Peralta—held thorough discussions on whether or not Malacañang should be enjoined in the implementation of its suspension order.

They eventually decided to direct the respondents—Executive Secretary Paquito Ochoa and Interior and Local Government Secretary Mar Roxas—to file within 10 days their comment on the plea of Garcia.

The Cebu governor filed a petition before the appellate court in Manila to stop the implementation of a six-month suspension order slapped against her by President Benigno Aquino 3rd.

The suspension order stemmed from a 2010 administrative case filed by former vice governor Gregorio Sanchez Jr., accusing Garcia of usurpation of authority and cutting the budget of his office.

The Department of the Interior and Local Government, headed by Roxas, recommended Garcia’s suspension.

In her petition for certiorari, Garcia through her lawyers asked the appellate court to issue a TRO to halt the implementation of Aquino’s order, arguing that it violates her right to due process.

In her plea, the embattled governor accused Malacañang of power-grabbing in Cebu City by ordering her suspension.

Garcia, a member of the United Nationalist Alliance (UNA) of Vice President Jejomar Binay and former president Joseph Estrada, is now on her third and last term as a governor and is set to run for a Congress seat in the May.

UNA has accused the administration party of declaring “martial law” in Cebu amid the ongoing standoff over the suspension of Garcia.

UNA Secretary General Toby Tiangco said that the Liberal Party (LP) led by Aquino and Roxas declared “martial law” in the vote-rich province because the top local officials led by Garcia are affiliated with UNA.

Tiangco said that LP committed “glaring violations of the law and clear abuse of power” in attempting to enforce the suspension order on Garcia and installing Vice Gov. Agnes Magpale, who is a member of LP.

UNA also claimed that LP was escalating the tension in the Cebu provincial capitol because of the police’s attempt to enforce the President’s suspension order on Garcia.

Together with her supporters, Garcia has ensconced herself at the Cebu capitol, which was surrounded by policemen out to enforce the order.