Ombudsman affirms graft raps vs. Cebu’s Gwen Garcia over convention center project

The Office of the Ombudsman has affirmed its earlier ruling finding probable cause to file graft charges against re-elected Cebu Rep. Gwendolyn Garcia in connection with the alleged anomalous construction of the P830-million Cebu International Convention Center (CICC) in 2006.

In an-eight page Joint Order, Ombudsman Conchita Carpio-Morales said Garcia failed to present any relevant arguments in her motion for reconsideration that would warrant the reversal of the anti-graft body’s March 13, 2016 ruling ordering the filing of graft charges against her and 11 other former provincial officials of Cebu before the Sandiganbayan.

Morales said Garcia’s claim that the charges are “politically motivated” is baseless.

“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,” the Joint Order recently signed by Morales read.

The Ombudsman ordered the filing of 11 counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act against Garcia.

Section 3 (e) of RA 3019 prohibits public official from giving unwarranted benefit, advantage or preference to any party or causing any party, including the government, undue injury.

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

In the Joint Order, the Ombudsman maintained its earlier findings that there were several irregularities in the construction of the P830-million Cebu International Convention Center (CICC) in 2006 during Garcia’s term as governor, 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 have not undergone public biddings included 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, P3.4million glass works, and P26.5 million air-conditioning contracts.  

The Ombudsman said Garcia also allowed WTCI to perform P257.413 million worth of additional works for the project without an appropriation from the provincial council and also without public bidding.

The Ombudsman had earlier 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,” the Ombudsman said in its original ruling. —ALG, GMA News