Construction has no PB approval, Capitol will not pay project contractors

CEBU, Philippines - Cebu Governor Hilario Davide III yesterday said the Capitol would not pay a single cent to contractors, especially those who built the provincial hospitals in Danao City and in Balamban town, as these projects did not pass through the Provincial Board for approval.

"My decision is not to pay the contractors. There is basis to deny their claims because most of them did not carry the approval of the Provincial Board. Gi-bypass 'ni (PB)," he told a press conference at his office yesterday.

He said the same also goes to other contractors who have entered into agreements with the former governor without the PB's nod, even if their projects were already completed.

Davide said he is also worried he would become the laughingstock if he would pay the contractors.

"Lain kaayo.  Sa kampanya kaniadto, saktuhon ang sayop (It would be improper.  During my election campaign, I said we will correct the wrong). We want things done in the right way. Lain kaayo.  Kita'y kataw-an sa kaatbang nato (It would not be right. Our opponents would laugh at us). It's their fault. Na-inherit raman gud ni nato. Kitay pabayron sa ilang mga (We inherited their mistakes, now we are the ones asked to pay for their) fault. Kataw-an ta (We would be laughed at)," he told reporters.

Davide, a Liberal Party member, defeated former governor Gwendolyn Garcia's brother, former third district congressman Pablo John last May.

The Danao Provincial Hospital and the Balamban Provincial Hospital were among the projects of now third district Rep. Garcia that allegedly had no PB approval. Construction of the Danao Provincial Hospital was stopped after the Capitol, under Davide's leadership, refused to pay its obligations to the contractor, Supreme ABF Construction. WTG Construction and Development was also forced to cease building the Balamban Provincial Hospital for the same reason.

"From the beginning, the contracts entered into were in violation of the Local Government Code. The Local Government Code says any contract entered into by the local government unit requires the approval of the PB or appropriate legislative body," the governor said.

"I'm particularly concerned about this because I'm also a lawyer, I don't want to get trouble with the COA (Commission on Audit). Lain kaayo mo-ratify ta, mobayad ta, 'nya di diay, sayop diay. There is a procedure in everything we do, especially sa infrastructure projects. Kita'y kataw-an sa pikas. Ako'y kataw-an sa pikas. Nailad si Davide, gibayran na diay (The other camp would laugh at us. They would laugh at me and say Davide got fooled into paying the contractors)," he said referring to the camp of Garcia.

Davide maintained he would not have any of those contracts signed without the PB approval ratified as it would mean "condoning an illegal act."

The first-term governor said the contractors can sue the Capitol for failing to honor its obligations, but the Capitol can also file a third-party complaint against Garcia for her "to answer the claim of the plaintiff."

Meanwhile, Davide said the province will not abandon the unfinished projects; instead, it would "find a way how these unfinished portions can be completed."

"There are concerns nga kining (that these) contracts, labi na'ng hospitals, mausik lang kung di mahuman (especially the hospitals, would be wasted if unfinished). Usa sad raba ni sa atong (And this is one of our) objectives and priority, ang health services," he said.-/RHM (FREEMAN)