Against those absent during council session: Contempt eyed

CEBU, Philippines — The Cebu City Council yesterday threatened to hold in contempt those invited to speak during its sixth executive session on the construction of the Cebu City Medical Center (CCMC) but did not show up.

This, as it sought clarity about the terminated P1-billion contract on the construction of Phase 4 of the hospital, after learning that P136 million has already been awarded to the contractor, during the administration of now dismissed mayor Michael Rama.

In an interview, City Councilor Nestor Archival, Sr. said that before any awarding of projects could happen, the City council was supposed to be apprised first including its Programs of Works and Estimates (POWE).

“If we continue to be like this unya mo-continue ta og butang og kwarta, mag usik-usik ta,” he said.

He said the council would only want to be apprised on the basis on the awarding of the contracts starting from the Phase 1 of the CCMC project until the Phase 4, which they recently just found out.

In a document sent by the Department of Engineering and Public Works (DEPW) to the council, it was stipulated that the construction of the CCMC Phase 4 was sourced from the P500-million Supplemental Budget (SB) 3 last 2020 and from the P1 billion SB 1 last 2021.

On Nov. 9, 2022, of the P1-billion overall project cost, the 15% advanced payment amounting to more than P136 million was released to the contractor. The same document signed by Acting City Engineer Lowell Corminal has indicated that the status of this contract has already been “terminated.”

In another letter from the DEPW dated August 9, 2024, it was indicated that the Phase 1 was awarded to the C. E. Padilla Construction. It was also written that the construction of “interior masonry works and mechanical, electrical, plumbing, and fire exit” in the 5th and 6th floor is also included in the Phase 1 and was awarded to CHARLZ Construction.

The construction of Phase 2 was awarded to the C. E. Padilla Construction Inc. while Phase 3, which includes the completion of CCMC from the first, lower, and upper ground and second floors was awarded to C. B. Garay Philwide Builders.

It was then indicated that the CCMC Phase 4 was awarded to M. E. Sicat Construction Inc./ AVECS Corporation.

According to Archival, around November 2022, the contract with ME Sicat to construct the CCMC Phase 4 was terminated with an attached plan that its continuation will be funded by numerous donations from corporations.

Councilor Mary Ann de los Santos raised that they are seeking clarification if they have received a certificate of completion from ME Sicat considering that the former Cebu City Administrator Collin Rosell clarified that their contract was terminated on a "gentleman's agreement."

"I am so concerned that SICAT is already able to receive 15% of the P1 billion something, which is the contract price of the 3rd or 4th phases of the said project," said de los Santos.

“Wa ko kabalo ana. Kami. I don’t know if the others kahibawo ana. But ako, na-shock ko, because karon man lang mi kahibawo nga naay P136 million nga gi-award,” Archival said.

He said that although the project has long been awarded, it was only recently that they know of the P136 million.

“For me, there is irregularity because number one, we haven’t seen the POWE and we haven’t seen the plans. Dugay na gyud kaayo mi nangayo sa detalye,” said Archival.

City Councilor Jocelyn Pesquera likewise said that there isn’t supposed to be an awarding of contract without an approval of the POWE by the City Council.

Also, during the session yesterday, representatives of CCMC, DEPW, South Road Properties Management Office (SRPMO), City Accounting Office, CE Padilla Construction, Cebu Medical Society, were supposed to show up.

However, only a CCMC representative and Giovanni Delgado of the City Accounting Office were present. Bo Varquez of SRPMO arrived while the discussion was already ongoing.

De los Santos emphasized the need for DEPW and the rest to appear in order to shed light on the status of CCMC.  In line with this, the council then requested that they should show up in next executive session on Nov. 7.

Archival also urged DEPW during the said session to present the complete design plans and construction plans signed by all engineers, and the certificates of completion that were issued by the city government to the contractors.

During the discussion, Pesquera said that it is about time that the city ordinance that granted the council power to punish disobedience of a subpoena by charging the offender with “contempt pursuant to the Rules of Court.”

“Pasalamat tang Doc Peter Mancao, Engr. Bo, motunga pirmi pero ang mga importante nga tawo, deadma…huwaton lang gyud nila kung asa kutob atong pasensya,” said Pesquera.

She then gave an ultimatum that those who will not appear on Nov. 7, the council will be coming up with a resolution to hold them in contempt.

“For me the indication, for me ha in my personal opinion, there is something that they are hiding, so karon, amo na gyud ng gi-request nga kailangan naa mo or else i-(hold in) contempt,” said Archival.

“Let’s just hope and pray nga on November 7 all the stakeholders will be here to move forward and to finish the project once and for all,” de los Santos said.

In line with this, de los Santos reiterated her position that there will be no bidding for CCMC’s construction until all the issues hounding the project has been ironed out, in the name of "transparency and accountability".

“Unsaon man nimo pag-bid kung wala pa ka ma-clear sa imong first contract, way certificate of completion and acceptance,” she said.

She alleged that it appeared that the CCMC was made as “milking cow” of the “administration” making it seems that it was not finished on purpose.

She did not specify, however, what administration she was referring to, as current mayor Raymond Alvin Garcia became acting mayor only last May. — /RHM (FREEMAN)