Gwen Garcia (INQUIRER FILE PHOTO)
Ombudsman Conchita Carpio Morales has recommended the filing of informations for the Violation of the Anti-Graft and Corrupt Practices before the Sandiganbayan against former Cebu Governor and now Cebu 3rd district Rep. Gwen Garcia and 11 other individuals in connection with the anomalous procurement of the Cebu International Convention Center (CICC) project amounting to P830 million.
In an eight-page Joint Order, Ombudsman Morales said that “the unjustifiable resort to alternative methods of procurement and award of contracts may give rise to a violation of R.A. No. 3019.”
She also added that by allowing W.T. Construction Inc. (WTI) to perform additional works without an appropriation, contract and sans public bidding, Garcia has given the contractor unwarranted benefits and caused undue injury to the government in the amount of at least P257,413,911.73.
Morales found as baseless Garcia’s claim that the filing of charges against her was “politically motivated.”
“This Office, as a dispenser of justice, ensures that justice is meted out objectively, without fear or favor, and that the cases are decided based on the evidence, not on motives, personalities or political affiliation,” said Ombudsman Morales.
Other respondents of the graft case are Bids and Awards Committee (BAC) members Eduardo Habin, Roy Salubre, Cristina Gianco, Adolfo Quiroga, Necias Vicoy, Jr., Emme Gingoyon, Glenn Baricuatro, Bernard Calderon, Marino Martinquilla and Eulogio Pelayre, and WTI Vice President Willy Te.
Garcia could not be immediately reached for comment. But she said in a report with radio dyAB that her lawyers are handling her case.
Rep. Garcia earlier filed a motion to seek reconsideration of the Ombudsman’s decision on her graft case.
But Morales denied her MR and instead affirmed that there was probable cause to pursue charges against her and the 11 other respondents for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019).
The charge stemmed from the implementation of the CICC project in 2006 which consisted of engineering, architectural and civil works contracts amounting to P830 million.
On March 31, 2016, the Office of he Ombudsman issued a resolution finding that respondents resorted to an illegal procurement when they awarded the P16.8million architectural and engineering design contract, P307million combined structural steel contracts, P59million adjacent/contiguous works, P7.5million cladding contract, P1.8million structural cabling system, P3.6 million fire protection/sprinkler system, P3.4million glass works, and P26.5 million air-conditioning.
Section 3(e) of Anti-Graft law imposes sanctions on public officer or employee who, in the performance of his official duties, has acted with manifest partiality, evident bad faith or inexcusable negligence, causing undue injury to any party, including the government, or has given any party unwarranted benefit, advantage or preference.