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Ombudsman orders dismissal of Cebu Rep. Gwen Garcia


The Office of the Ombudsman on Monday ordered the dismissal from service of Cebu Representative Gwendolyn Garcia over grave misconduct in connection with the controversial purchase of Balili property.

Ombudsman Conchita Carpio-Morales ordered House Speaker Pantaleon Alvarez to implement the dismissal order, which carries "the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility and forfeiture of retirement benefits."

Morales, in her decision, pointed out that Garcia had no authority from the Sanguniang Panlalawigan (SP) when she entered into an agreement with the ABF Construction for a human settlement and seaport project.

“While this Office finds merit on her assertion that the P50-million allotment for the airport/seaport and other economic enterprise site development program (a capital outlay expenditure that was carried over to the 2012 Annual Budget of the province), was a valid source of appropriation for the Balili project, such appropriation did not validly confer authority to respondent Garcia to enter into a contract with ABF Construction for the Balili project," the ruling dated January 15, 2018 read.

"She failed to point out the specific provision in the appropriation ordinance which supposedly authorized her to enter into the contract,” it added.

Garcia is facing a graft and malversation case in connection with the purchase of the 24.92-hectare Balili property in Tiga-an, Naga Cebu in 2008 for Cebu’s human settlement and seaport project.

The lawmaker, who was then serving as provincial governor, allegedly allowed the purchase of the beachfront lot. It was later found out in a land survey conducted by the Department of Environment and Natural Resources (DENR) that 19.67 hectares of the property was submerged in water and were unfit for the intended projects.

The Ombudsman said Garcia violated Sections 46 and 47, Chapter 8, Subtitle B, Title I, Book V of the Administrative Code of 1987 and Section 86 of the Government Auditing Code of the Philippines "which proscribe entering into a contract unless a certification of appropriation and fund availability for the expenditure is issued. It is undisputed that the [certification of available funds] was issued only after the [second] contract was entered into by respondent Garcia.”

Questionable timing

Sought for comment, Garcia questioned the timing of the dismissal order.

"Without touching on the merits of the case, the timing is rather suspect," she told reporters in an ambush interview. "It does seem as though the Ombudsman has singled me out on an act that was done when I was still governor several years ago."

"You'd rather wonder whether this was purposely done precisely because as you saw, I am very active in this impeachment hearing against Chief Justice [Maria Lourdes] Sereno," she added.

Nevertheless, Garcia said she would leave it to decision of the House leaders to implement the order. "Be that as it may, I leave it to the leadership, to Speaker Pantaleon Alvarez, on the House leadership as regards that dismissal order by the Ombudsman," she said.

Garcia likewise said she will continue performing her duties as representative of the 3rd District of Cebu.

"I will continue to work as hard as I can because I believe it is my duty. I am elected by my constituents in the 3rd District precisely to represent them and to represent their sentiments. I will continue to be very active in the impeachment hearing against Maria Lourdes Sereno," she said.

Majority Leader Rodolfo Fariñas, meanwhile, said they will still have to deliberate on the dismissal order as the House has its own internal rules.

"Any order coming from court or any administrative body we have to first determine if valid is it relevant to our rules and everything so. Ire-refer namin yan sa plenary," he said.

Co-accused

Meanwhile, Garcia's co-accused, provincial accountant Emmanuel Guial, was found guilty of Simple Neglect of Duty "for certifying in the subject [disbursement vouchers] that the supporting documents are complete when in fact they lacked the required authority from the SP for respondent Garcia to enter into contract.”

Guial was ordered suspended for three months.

On the other hand, the administrative charges against Bids and Awards Committee chairperson Marivic Garces; vice-chairperson Bernard Calderon; members Manuel Purog, Emme Gingoyon, Ma. Junelene Arenas, Cristina Giango, Rosalinda Jao; and acting provincial treasurer Roy Salubre were dismissed for lack of merit. —Anna Felicia Bajo and Erwin Colcol/KBK, GMA News

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