Garcia withdraws case for Capitol resource center injunction

Cebu Governor Gwendolyn Garcia | CDN Digital file photo

CEBU CITY, Philippines— It may now be not up to the court to rule on the finality on the cancellation of the P1.3-billion Cebu Provincial Capitol Resource Center Project.

The camp of Cebu Governor Gwendolyn Garcia will file tomorrow, July 23, a motion to withdraw the case that they filed in March 2019 to supposedly ask the court to stop the construction of the 20-story resource center.

Read more: Gwen moves to stop construction of resource center in Capitol 

Read more: No more 20-storey resource center, restore project site ― Governor Garcia

The case, a petition for injunction, was filed by Garcia and former third district Board Member Alex Binghay in a last-ditch effort to stop the development of the resource center prior to the elections. The case has been pending at the Regional Trial Court in Toledo City.

Vice Governor Hilario Davide III earlier said that the final decision on whether or not the project would continue should lie in the courts.

Read more: Davide on fate of resource center: Let the courts decide

“We already made a manifestation to withdraw during a conference about three weeks ago. We are just waiting for a document from DBP (Development Bank of the Philippines) before we file the motion,” said Lawyer Marino Martinquilla, Garcia’s counsel and a legal consultant at the Capitol.

The DBP is the financial institution that is supposed to loan the Provincial government with the P1.3 billion budget for the construction of the building.

On Friday, July 19, Martinquilla said they had been furnished with the DBP’s notice of termination of the supposed loan agreement.

Garcia issued an executive order on July 1, 2019 that demanded the immediate and permanent stoppage of the development in the project site where the resource center was supposed to rise.

“In view of the foregoing supervening events … DBP formally manifests and informs the Honorable Court that it considers the Omnibus Loan Agreement dated May 23, 2018 by and between the province of Cebu and DBP as terminated and will no longer release the proceeds in the proceeds in favor of the Province of Cebu,” reads the DBP’s manifestation.

Martinquilla said they waited for the manifestation of the DBP in order to make sure that the loan amount would not be left released just to be left unused since the Capitol would no longer build the resource center.

Martinquilla also clarified that they were only withdrawing the civil case for the petition for injunction and not the criminal and administrative case against Davide, former Vice Governor Agnes Magpale and other Capitol executives that were involved in the resource center project./dbs