Ombudsman penalizes nine for CICC bidding shortcuts

After three years of investigation, the Ombudsman’s Office  in Manila ordered the dismissal from service of nine persons – eight  former Cebu provincial government officials  and one legal officer  — for disregarding bidding requirements in the Cebu International Convention Center (CICC) project.

The nine  were found guilty of grave misconduct and gross neglect of duty.

Most of them have  since retired from the Capitol  but are still  required to pay a  fine equal  to one-year’s salary to be deducted from their retirement benefits as an alternative penalty.

Ordered dismissed from service or penalized were:
– former provincial administrator Eduardo Habin;
– former provincial general service officer Bernard Calderon;
– former provincial health officer Cristina Giango;
– former provincial planning and development officer Adolfo Quiroga;
– former provincial agriculturist Necias Vicoy Jr;
– former provincial treasurer Roy Salubre;
– former budget officer Emmy Gingoyon;
– former assistant provincial engineer Eulogio Pelayre; and
– provincial legal officer Marino Martinquilla who is still working in the  Capitol.

They were also permanently disqualified from holding public office and their retirement benefits and  civil service eligibility were canceled.

When the CICC was  built in 2006, Habin was  chairman of the Bids and Awards Committee. The other respondents were committee  members.

Former Cebu governor Gwendolyn Garcia would have also been found guilty  had she not been reelected, the anti-graft office said.

Because of the Aguinaldo Doctrine, her reelection in 2007 and 2010  served to  wipe out her  administrative liability.

She invoked this “condonation doctrine, in her defense before the anti-graft office.

A separate decision about    criminal liability in the CICC case  has not yet been released by the Ombudsman’s Office.

Garcia and the 10 other respondents are also being investigated on a criminal charge of violating section 3, paragraph e of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

This refers to “causing any undue injury” to the Government or giving a private party unwarranted benefits through partiality,  bad faith or gross inexcusable negligence.

The complaint  for misconduct and neglect of duty was filed by Public Assistance and Corrupt Prevention Office (PACPO) of the Office of the Ombudsman- Visayas.

A copy of the decision approved  by Ombudsman Conchita Carpio-Morales was received in Cebu City  on Nov. 25.

Garcia, who is now a Cebu 3rd district representatives seeking reelection next year,  was held responsible for sanctioning the performance of additional works at the CICC without an  appropriation and bidding—a violation of Republic Act 9184 or the Government Procurement Reform Act.

“The disregard of well-established rules and definite rules of action would have subjected Garcia to administrative penalty had it not been for the fact that she was reelected twice, in 2007 and then in 2010, to the same post as governor,” said graft investigation and prosecution officer Dennis Mendoza.

An  11th respondent,  Glenn Baricuatro,  was elected mayor of Pinamungahan in 2013 after he resigned as provincial environment and natural resources officer.
The administrative case against him was dismissed becausee  he resigned from the Capitol before the complaint was filed in December 2012.

By then, the anti-graft office said it no longer has jurisdiction over Baricuatro.

Cebu Daily News tried to contact Garcia by phone and text message last night but both were  unanswered as of press time.

The CICC in Mandaue City was built at a cost of over P800 million in 2007 for Cebu’s hosting of the ASEAN Summit in January 2007.

Garcia has repeatedly defended her centerpiece project against criticism that the edifice was overpriced and that its completion in just eight months was done in haste.

She filed a graft case last week against Gov. Hilario Davide III for letting   the CICC, which she called “historic” and “Cebu’s jewel”,  fall into disrepair after the 2013 earthquake and typhoon Yolanda.