THE camp of embattled Gov. Gwendolyn “Gwen” Garcia of Cebu on Thursday argued that the decision of the Office of the President suspending her should be nullified for violating her right to speedy trial.

Her lawyer, Tranquil Salvador 3rd, one of the legal counsels of former chief justice Renato Corona in his impeachment trial in 2012, told the Court of Appeals to immediately stop her suspension.

He said that under the local government code and the Administrative Order 43, an administrative case has to be resolved within 30 days.

Salvador pointed out that the complaint was filed on November 2010 and the investigation was terminated on August 31, 2011.

He said that the case was resolved only on December 11, 2012, or 474 days after the complaint was filed.

The appellate court hinted that it does not see urgency of issuing a temporary restraining order (TRO) enjoining Malacañang from implementing the six-month suspension order.

Instead, the tribunal moved to deliberate the case as it said that it will issue its ruling in the next days.

Associate Justice Vicente Veloso, of presiding chairman the division, said in public hearing that they would have to weigh on petitioner’s claim, with respect to irreparable injury as he said that the issuance of a suspension order might be limited since the petitioner invoked Rule 43 of the Rules of Court, which covers appeals on “judgments, or final orders of the Court of Tax Appeals and from awards, judgments, final orders, or resolutions of or authorized by any quasi-judicial agency [including the office of the President] in the exercise of its quasi-judicial functions.”

On this stand, Veloso said, that the court would have to weigh the effects of issuing the temporary relief sought in the petition.

“Irreparable injury is on the side of the government,” he stressed, adding that “irreparable injury is a very restrictive ground, how can a 60-day TRO correct the irreparable injury [that will be suffered by Garcia].”

The justice even asked Garcia how she would suffer injury hen, if later on she will win her case, she can still recover back wages.

“If we issue 60-day TRO, the suspension of six months will be cut by three months and what will remain is three months . . . So it will constitute irreparable injury to the government compared to that of the petitioner who can be compensated anyway,” Justice Veloso pointed out.

However, Veloso vowed to resolve the case as soon as possible.

“That’s why we met immediately, we want to diffuse the tension in Cebu,” he explained.

Garcia’s suspension stemmed from a 2010 administrative case filed by former vice gov. Gregorio Sanchez Jr.

Sanchez accused Garcia of usurpation of authority and cutting the budget of his office.

Garcia is now on her third and last term as a governor and is set to run for a Congress seat in the May.

She is a member of the United Nationalist Alliance of Vice President Jejomar Binay and former president Joseph “Erap” Ejercito-Estrada, who has been accusing the administration party of declaring martial law in Cebu, amid the ongoing standoff over the suspension of Garcia.