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Ombudsman indicts Cebu's Gwen Garcia over P833-M convention center project


The Office of the Ombudsman has ordered the filing of graft charges against re-electionist Cebu 3rd District Rep. Gwendolyn Garcia and 11 other former officials over the alleged anomalous construction of the P833-million Cebu International Convention Center (CICC) in 2006.

In a 31-page resolution, Ombudsman Conchita Carpio-Morales, ordered Garcia to be charged before the Sandiganbayan with 11 counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Also ordered to be charged with multiple counts of graft were former members of the Cebu provincial government’s Bids and Awards Committee including Eduardo Habin, Roy Salubre, Cristina Gianco, Adolfo Quiroga, Necias Vicoy Jr., Emme Gingoyon, Glenn Baricuatro, Bernard Calderon, Marino Martinquilla and Eulogio Pelayre and private respondent Willy Te, vice president of WT Construction Inc. (WTCI).

Based on the Ombudsman’s investigation, several violations of the government procurement rules were committed by Garcia and her co-accused in the construction of the convention center in 2006 during her term as governor of Cebu, among them were resorting to alternative methods of procurement instead of public bidding for contracts totaling P425.6 million awarded to WTCI.

“Respondent public officers extended undue favors to WTCI when they awarded the contracts through alternative methods of procurement instead of public bidding,” the resolution read.

The deals that allegedly have not undergone public bidding included the P16.8-million architectural and engineering design contract, P307-million combined structural steel contracts, P59-million adjacent/contiguous works, P7.5million metal cladding contract, P1.8-million structural cabling system, P3.6- million fire protection/sprinkler system, P3.4-million glass works, and the P26.5-million air-conditioning contracts.

The Ombudsman said that procurement documents also show that one contract with WTCI amounting P43.2 million was signed on June 22, 2006 and yet one day after, on June 23, Garcia approved the disbursement voucher authorizing the payment to the company for supposed 100 percent work accomplishment.

The Ombudsman said Garcia also signed the certificates of acceptance and completion for the project on the same date.

The Ombudsman sided with the complainant Public Assistance and Corruption Prevention Office-Visayas (PACPO-Visayas) that “it is highly improbable to finish within one day the scope of work contained in the amended contract as depicted by the final billing, certificate of acceptance and completion.”

Morales also said that Garcia and the other respondents’ act of implementing the construction works with total cost of P257.4 million allegedly without plans and specifications, appropriations, public bidding and written contract,“ is a clear violation of Section 3(e) of R.A. No. 3019.”

Morales dismissed Garcia’s defense in her counter-affidavit that “since the Commission on Audit has not found irregularity in any of the procurements, contracts and disbursements concerning the construction of CICC, the allegations are devoid of any basis.”

“All told, the BAC’s repeated recommendations to resort to limited source bidding and negotiated procurement instead of competitive public bidding, along with Garcia’s repeated approvals of these recommendations without proper verification, indicates gross inexcusable negligence,” Morales said in the resolution.

Section 3 (e) of RA 3019 prohibits public officials from causing undue injury to any party or giving any private party unwarranted benefits, advantage or preference in the discharge of his or her official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.

Garcia is seeking re-election as the representative of the 3rd District of Cebu in the upcoming May elections. —ALG, GMA News

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