CEBU, Philippines - The Office of the Ombudsman has ordered the filing of graft charges against former Cebu governor, now Third District Rep. Gwendolyn Garcia, and 11 others for the anomalous procurement of the Cebu International Convention Center (CICC) in 2006.
This after the anti-graft body denied Garcia's motion for reconsideration seeking to reverse the graft indictment against her for 11 counts of graft for allegedly violating Section 3(e) of the Anti-Graft and Corrupt Practices Act.
In a press statement, Ombudsman Conchita Carpio Morales said Garcia failed to present relevant arguments in her motion for reconsideration that would warrant the reversal of the anti-graft body's March 13 ruling ordering the filing of graft charges against her and 11 other former provincial officials of Cebu before the Sandiganbayan.
Morales also dismissed Garcia's claim the charges are "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," she said.
The Ombudsman also ordered the filing of charges against Bids and Awards Committee members former provincial administrator Eduardo Habin as the chairman, ex-provincial treasurer Roy Salubre, ex-provincial health officer Cristina Giango, ex-provincial planning and development officer Adolfo Quiroga, ex-provincial agriculturist Necias Vicoy, Jr., ex-budget officer Emme Gingoyon, ex-environment and natural resources officer Glenn Baricuatro, ex-provincial general services officer Bernard Calderon, ex-legal officer Marino Martinquilla and ex-assistant provincial engineer Eulogio Pelayre Willy Te, vice-president of WT Construction Inc.
The charges stemmed from the anomalous procurement of the CICC project worth P830 million consisting of engineering, architectural and civil works contracts.
In an eight-page Joint Order, Morales asserted that Garcia resorted to unjustified alternative methods of procurement and award of contracts violating the anti-graft law.
Morales said Garcia allowed WTI to perform additional works without an appropriation, contract and without public bidding, thus giving unwarranted benefits to the contractor and causing undue injury to the government in the amount of at least P257,413,911.73.
The Ombudsman maintained its earlier findings that there were several irregularities in the construction of CICC, among them was the decision to resort to alternative method of procurement instead of public bidding for contracts totaling P425.6 million awarded to WTCI.
The deals that allegedly did not undergo bidding include the P16.8 million architectural and engineering design contract, P307 million combined structural steel contracts, P59 million adjacent/contiguous works, P7.5 million metal cladding contract, P1.8 million structural cabling system, P3.6 million fire protection/sprinkler system, P3.4 million glass works, and P26.5 million air-conditioning contracts.
Under Section 3(e) of the anti-graft law, a public officer or employee is liable for the criminal offense of graft when, in the performance of his or her 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.
The Ombudsman, however, cleared Garcia of administrative liability over the CICC controversy after she invoked the Aguinaldo or condonation doctrine, which extinguishes the administrative liability of a public official for misconduct committed during his previous tenure by virtue of reelection to office. Garcia was reelected as governor in 2007 and 2010.
Sought for comment, Garcia said the matter, being legal in nature, will be dealt with by her lawyer.
Garcia's political nemesis, Governor Hilario Davide III, said he was not surprised by the Ombudsman's decision.
"I expected that already. Klaro man sa finding sa office of the ombudsman that there were irregularities so I'm not surprised gi-deny iyang MR (motion for reconsideration)," he told reporters yesterday. (FREEMAN)