ASSESSMENT. Cebu Gov. Hilario Davide III, who is shown here with Vice Gov. Agnes Magpale inspecting the damaged Cebu International Convention Center (CICC), is adamant in rebuilding the structure which he dubbed as a “monument to corruption.” (CDN PHOTO/JUNJIE MENDOZA)
No laws broken; Sitoy says CICC should be turned into poster site
Did the “Never Again” billboard in front of the dilapidated Cebu International Convention Center (CICC) violate existing laws?
The Commission on Elections (Comelec) and the Department of Interior and Local Government (DILG) said no laws were violated, while the Ombudsman-Visayas said it is willing to investigate if there’s a complaint.
At the Capitol, Provincial Board (PB) Member Arleigh Sitoy, a former Liberal Party (LP)-ally-turned-critic, said the billboard gives Cebu Gov. Hilario Davide III an undue advantage that is “illegal and immoral.”
“If someone will file a complaint, then we’ll look at whether or not there are possible violations committed. We can’t say for now what specific laws, (if any), were violated. It’s for the aggrieved party to pinpoint,” Ombudsman spokesperson Maria Corazon Naraja said.
The “Never Again” billboard was set up two weeks ago by a group that called themselves as “Cebuanos for Good Governance and Development.”
The billboard was recently augmented with an additional message that reads “P840,202,438.05 MILLION OF PEOPLE’S MONEY WASTED!!!”
Ploy
Governor Davide, who admitted that the group had his “implicit approval” to modify the billboard, said he will meet with the group sometime today.
Rep. Gwendolyn Garcia of Cebu’s 3rd district earlier said the billboard was a “malicious political ploy to exploit the historical building” by those responsible “for their political sloganeering.”
The CICC was built during her term as governor in time for Cebu’s hosting of the Association of Southeast Asian Nations (Asean) Summit in 2007.
Comelec provincial election supervisor Lionel Marco Castillano said under the Fair Elections Act or Republic Act 9006, a campaign violation can only be committed during the election period.
“Violations of campaigning under Fair Elections Act would only come in during the campaign period, which is 45 days before the election day for local candidates and 90 days before the election day for national candidates,” Castillano said.
Violation
He said the Comelec can act on the matter during the start of the campaign period. But he said he could not say if the billboard violated other laws.
Assistant Regional Director Elias Fernandez said the billboard could not be considered a violation of their advocacy against “Epal” officials which bars them from using government structures and vehicles for partisan political activities.
“The billboard doesn’t specify a particular political party or political candidate. Wa gyod ta kahibawo kon unsay ipasabot sa Never Again ba (We don’t know what that Never Again billboard means),” Fernandez said.
Propaganda
On whether or not the billboard can be considered premature campaigning, Fernandez said a complaint must be filed before the Comelec for its resolution.
Naraja said a lot of aspects, like whether or not public funds were used, have to be considered.
“We have this so-called freedom of expression as stated in the Constitution, but again, we have to examine closely if a public official is involved in the act, and if criminal or administrative liabilities are committed,” she said.
At the Capitol, Sitoy and PB Member Sun Shimura voiced disagreement over the presence of the billboard, with Sitoy saying it smacks of political propaganda.
Government property
In a text message, Sitoy said the billboard gives Governor Davide an undue advantage which is “illegal and immoral.”
He was unable to cite a law which prohibits the mounting of advertisements on government-owned structures, especially those subject to criminal and administrative cases.
Sitoy, who left the Liberal Party (LP) Cebu chapter chaired by Davide and joined the PDP-Laban, expressed support for One Cebu gubernatorial bet Winston Garcia.
“Let us not forget that the CICC is a government property. Thus, no one should be allowed to use it for personal gain,” Sitoy said.
Sitoy said the facility should be converted into a poster area instead, giving everybody a chance to present their views by way of allowing others to put up their own posters and slogans.
Equal chance
“In the interest of fairness, especially when it involves government property, everybody should be given equal chance,” Sitoy said.
He said political debates can even be hosted inside the CICC compound, which will at least give the dilapidated structure a purpose.
If Davide won’t allow repair of the CICC, Sitoy said he could at least give it back to Mandaue City where it “rightfully belongs.”
Davide had refused to repair the edifice using funds from the provincial government’s coffers.
But Davide said he allowed the Department of Trade and Industry (DTI) to undertake work on the building to convert it into an exhibit center for furniture.
Shameless
For his part, PB Member Sun Shimura, a One Cebu ally, said the billboard was unnecessary because the issue being insinuated is now pending at the Ombudsman.
Shimura said the streamer is saying something about the kind of people who put it up there.
“Mga bastos ug walay paghunahuna sa Cebu (They are shameless and have no concern for Cebu),” he said.
Shimura said those responsible for the billboard “don’t care if it makes the province look bad to tourists and other visitors.”
Sought for comment, former congressman Pablo John “PJ” Garcia said “if we need to ask whether there is something wrong with using government property for political ends, then we have truly failed as a society.”
Undue advantage
“I would like to comment, but I have always believed that you do not interrupt the enemy when he is committing hara-kiri,” Garcia said.
Garcia ran for governor in 2013, but lost to Davide.
The CICC is the subject of an ongoing Ombudsman investigation.
In 2012, Ombudsman Conchita Carpio-Morales upgraded the fact-finding to a formal investigation of former Governor Garcia and six Capitol officials.
The case focused not on the alleged overpricing of construction materials but on giving “undue advantage” to a private contractor, WT Construction, in doing additional work to finish the building without a public bidding.
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