Davide disappointed: Gwen happy over Ombudsman’s verdict clearing her of admin raps

CEBU, Philippines - Former Cebu governor now third district Representative Gwendolyn Garcia has welcomed the decision of the Ombudsman dismissing the administrative complaint against her.

She said the decision showed the allegation on overpricing in the construction of the Cebu International Convention Center was actually baseless.

“The Ombudsman itself has found no overpricing in the construction of the CICC. This should clear the issue once and for all, and should guide those who wish to capitalize on it to “never again” replace the truth with their own facts,” said Garcia in a statement.

She said that even prior to the Ombudsman decision on the oral contract between the Capitol and WT Construction Inc., no less than the Supreme Court had already affirmed the legality of the construction of the CICC, ruling that the oral contract with WT was valid and that payment should be made by the Province.

Garcia, though, was off the hook because of the Aguinaldo Doctrine, which extinguishes the administrative liability of a public official for misconduct committed during a previous tenure by virtue of reelection to the same office.

Nine other former Capitol officials, who were not covered by the doctrine, ordered dismissed from service.

Yesterday, Cebu Governor Hilario Davide III expressed disappointment over the application of the doctrine, which he said has become a defense by elected officials to evade liabilities for wrongdoings committed during their prior terms in office.

“Di ko uyon gyod ana (Aguinaldo Doctrine). In a way we are disappointed… Reelection should not be used as excuse to condone a wrongdoing of a public official,” Davide told reporters in his regular press conference yesterday.

The Supreme Court first introduced the condonation doctrine in its ruling on the case of former Mayor Arturo Pascual vs. The Provincial Board of Nueva Ecija in October 1959.

The SC held that the reelection to office operates as a condonation of the officer’s previous misconduct and cuts off the right to remove him from public office, as each term is separate from the other.

The SC said that when the people reelected the public official, it is assumed that they forgave his faults and misconduct committed during his previous term, adding that removing the official for acts done in a prior term would be tantamount to depriving the people of their right to elect their officers.

The SC, however, recently said it would do away with doctrine in future cases, or that it could no longer be invoked in future cases.

Corollary to its decision, the Ombudsman has also directed Davide to implement its decision dismissing from service the employees involved in the administrative case. The governor was given five days upon receipt of the graft office’s endorsement last December 1 to do so.

Davide said he was still working on the administrative order.

The liable employees who are still working with the government include former treasurer Roy Salubre, who is assigned with the Bureau of Local Government and Finance, and former provincial health officer Cristina Giango, who is now with the Cebu Provincial Detention and Rehabilitation Center.

 “Klaro man nga no motion for reconsideration would stay the execution of the decision. According sa rules sa Ombudsman ilang decision is immediately executory,” Davide said.

The CICC was constructed in 2005 venue for the 12th Association of South East Asian Nation Summit in 2006, with construction being undertaken by phases. The project was awarded to WTCI.

When Phase II neared completion, the provincial government asked WTCI to perform additional works on the project that included site development and additional structural, architectural, electric, and plumbing works.

WTCI said the provincial government allegedly failed to pay for the additional works.

The Public Assistance and Corruption Prevention Office of the Office of the Ombudsman-Visayas said Garcia and the other respondents should be administratively sanctioned for misconduct and neglect of duty for allowing the WTCI to proceed with additional works without public bidding, appropriation and a contract.

Aside from Garcia, Salubre, and Giango, former provincial environment and natural resources officer Glenn Baricuatro, former provincial general service officer Bernard Calderon, former provincial agriculturist Necias Vicoy Jr, former provincial administrator Eduardo Habin, former budget Officer Emmy Gingoyon, provincial legal officer Marino Martinquilla, and former assistant provincial engineer Eulogio Pelayre were named respondents of the resulting administrative complaint.

Salubre, Gingoyon, Pelayre, Quiroga, and Vicoy had said the administrative cases filed against them were mooted since they were no longer in the government service.

Habin, Calderon, Martinquilla, and Giangco alleged the procurement activities undertaken by the Bids and Awards Committee relative to the construction of the CICC were in accordance with laws, rules and regulations.

“They insist that their recommendation to resort to limited source bidding and negotiated procurement in the succeeding phases of the construction of the CICC were in accordance with the Republic Act 9184, otherwise known as The Government Procurement Reform Act,” read the Ombusdaman decision.

Graft Investigation and Prosecution Officer Dennis Mendoza, however, ruled that under RA 9184, limited source bidding applies only to the procurement of goods and consulting services.

Mendoza dismissed the case against Garcia by virtue of the Aguinaldo Doctrine and that against Baricuatro for lack of jurisdiction since he left government service before the complaint was filed in December 2012.

Mendoza, however, found the other respondents guilty of grave misconduct and gross neglect of duty for allegedly not complying with the bidding requirements in the construction of the CICC.  (FREEMAN)