CICC controversy: Gwen cleared of admin raps

CEBU, Philippines - The Office of the Ombudsman has cleared former Cebu governor and current third district Representative Gwendolyn Garcia from administrative liability for the anomalous bidding in the construction of the Cebu International Convention Center (CICC).

The CICC was built in 2006 to house events of the Association of Southeast Asian Nations (ASEAN) Summit here in Cebu.

Graft investigation and prosecution officer Dennis Mendoza said Garcia’s reelection as governor in 2007 and 2010 absolved her from administrative liability by virtue of the Aguinaldo Doctrine.

 “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,” Mendoza’s decision reads.

The Doctrine, based on a Supreme Court decision in the 1990s, absolves a public official from administrative liability if that official gets reelected to office.

The idea is that when voters elect that official to office, they did so with knowledge of that official’s background and disregarded or forgave that official’s faults or misconduct, if any. 

Aside from Garcia, the Ombudsman also cleared from administrative liability former provincial environment and natural resources officer Glenn Baricuatro because he resigned from government service before the complaint was filed in December 2012.

This, however, is not the case of eight former officials of the provincial government whom Mendoza found guilty of grave misconduct and gross neglect of duty for not complying with the bidding requirements.

 These include former provincial general service officer Bernard Calderon, former provincial agriculturist Necias Vicoy Jr, former provincial administrator Eduardo Habin, former budget Officer Emmy Gingoyon, former provincial planning and development officer Adolfo Quiroga, former provincial treasurer Roy Salubre, provincial legal officer Marino Martinquilla, former provincial health officer Cristina Giango, and former assistant provincial engineer Eulogio Pelayre.

 Habin served as chairman of the Bids and Awards Committee while the other respondents sat as members.

 The penalty for the eight were perpetual disqualification from holding public, forfeiture of retirement benefits, and cancellation of civil service, eligibility but since they are no longer in government service, the Ombudsman fined them equivalent to a one year salary payable to their office and may be deducted from their retirement benefits, accrued leave credits, or any receivable from office.

Recently, the Supreme Court ordered the provincial government to pay what it owes the contractor of the CICC, something that Garcia argued is proof that the structure was built legally.

The case was filed against the province after it refused to pay for the additional works WTCI did in constructing the CICC for lack of contract.

The province also maintained it was not liable to pay interests, as WTCI performed the additional works at its own risk, considering that there was no public bidding conducted.

The CICC has been standing idle after it suffered severe damage from the magnitude 7.2 earthquake and typhoon Yolanda in 2013. — /JMO (FREEMAN)