OMBUDSMAN SUES GWEN

In 2006, then Gov. Gwen Garcia and then Mandaue City Mayor Thadeo Ouano inspect the progress of work on the Cebu International Convention Center while it was under construction. Today she faces graft charges for alleged anomalies in the project. (CDN PHOTO/JUNJIE MENDOZA)

Former Cebu Gov. now Rep. Gwendolyn Garcia has been indicted of 11 counts of graft over alleged irregularities in the construction of the Cebu International Convention Center (CICC) in 2006.

The Office of the Ombudsman ordered the filing 11 Informations against Garcia before the Sandiganbayan for Violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and members of the Bids and Awards Committee (BAC) for allegedly being responsible for the “anomalous procurement of the architectural and engineering design, various civil and other works” for the CICC.

In a report posted on the anti-graft office’s website yesterday, Ombudsman Conchita Carpio-Morales said the respondents extended undue favors to WT Construction Inc. (WTCI) when they awarded the contracts through alternative methods of procurement instead of public bidding.

Among those procurements which did not follow certain bidding requirements were the architectural and engineering design contract worth P16.8 million, combined structural steel contracts (P307 million),  adjacent/contiguous works   (P59 million), cladding contract (P7.5 million), structural cabling system (P1.8 million), fire protection/sprinkler system (P3.6  million), glasswork supplies ( P3.4 million), and air-conditioning system contracts (P26.5 million).

The Ombudsman said no public bidding was undertaken by the respondents for these contracts amounting to P425.6 million.

Indicted along with Garcia are 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, Provincial Legal Officer Marino Martinquilla and former Provincial Environment and Natural Resources Officer Glenn Baricuatro.

They were all members of the Bids and Awards Committee (BAC) when the project was undertaken.

Also included in the charge sheet was Willy Te, vice president of WTCI Construction Inc. (WTCI).

POLITICAL HARASSMENT

Garcia, in a statement sent to Cebu Daily News, said her indictment “clearly smacks of political harassment in the middle of the election campaign.”

“This case had been dismissed and is mysteriously revived clearly for political propaganda, for whatever political mileage they can get,” she added.

Gov. Hilario Davide III said he was not surprised by the indictment of Garcia, saying, “Dili nila matakuban ang kamatuoran nga ilang gibinuangan ang kwarta sa magbubuhis (They cannot hide the truth that they misused taxpayers’ money).”

Davide said Garcia and her co-respondents should be held accountable because the law does not play favorites.

“Kung kinahanglang naay mapriso, angay gyud nga ipapriso (If someone has to go to jail, then they should be jailed),” he said.

Meanwhile, Pinamungajan Mayor Glenn Baricuatro, in a text message to CDN, said he will consult his lawyers first before issuing a statement.

The other respondents are no longer in office and could not be contacted for comment.

RECOMMENDATIONS

Morales said “the BAC’s repeated recommendations to resort to limited source bidding and negotiated procurement instead of competitive public bidding, along with Garcia’s repeated approvals of these recommendations without proper verification, indicate gross inexcusable negligence.”

The report said procurement documents showed that the contract with WTCI was signed on June 22, 2006 and the next day, Garcia approved the disbursement voucher authorizing full payment to the contractor for  work accomplished totaling P43.2 million. The Certificates of Acceptance and Completion for the project were also signed by Garcia on the same day.

The Public Assistance and Corruption Prevention Office-Visayas (PACPO-Visayas) in its complaint said “it is highly improbable to finish within one day the scope for work contained in the amended contract as depicted by the final billing, certificate of acceptance and completion.”

Morales said “the act of Garcia and WTCI in implementing construction works with a total cost of P257.4 million without plans and specifications, appropriations and public bidding, and worst, without a written contract, is a clear violation of Section 3(e) of RA No. 3019.”

The law prohibits public officials from “causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”

GRAVE MISCONDUCT

The former Capitol officials were found administratively guilty of grave misconduct and gross neglect of duty by the Ombudsman and ordered dismissed from service, except for Garcia and Baricuatro.

Garcia, now third district representative, was saved by the Supreme Court’s Aguinaldo Doctrine which states that “the reelection of any public official extinguishes his or her administrative liability for acts committed during his or her prior term.”

In effect, Garcia’s reelection condoned her alleged lapses committed in 2006.

Baricuatro, on the one hand, was also spared from administrative sanction because he resigned from the provincial government before the complaint was filed in December 2012.

The anti-graft office said it no longer has jurisdiction over Baricuatro in the administrative case.

While Garcia and Baricuatro escaped administrative sanctions, the criminal aspect of the case would still continue.

If found guilty by the court, the respondents could face imprisonment of not less than six years and one month but not more than 15 years, perpetual disqualification from public office, and confiscation or  forfeiture by government, of  any  prohibited  interest  and  unexplained wealth manifestly out of proportion to his salary and other lawful income, the law states.