Ombudsman finds suspended Cebu gov. Garcia, 5 others guilty of grave misconduct

The Office of the Ombudsman has found suspended Cebu Governor Gwendolyn Garcia and five other Cebu provincial officials guilty of grave misconduct over the acquisition of the Balili Estate in 2008.

 

Ombudsman Conchita Morales referred to the memorandum of agreement signed by Garcia on behalf of Cebu province to acquire the estate in Tina-an, Naga, at P400 per square meter.

 

In a 26-page joint decision signed last Jan. 25, the Ombudsman also found guilty of grave misconduct the following provincial officials:

 

 

While Morales noted the administrative liability of Garcia and Bolo had been rendered moot due to their reelection in 2010, she ordered the dismissal from the service of Sususco, Salubre, Pelayre and Gingoyon.

 

Earlier, Morales ordered the filing of criminal charges against Garcia for violating Section 3(g) of Republic Act No. 3019 (Anti-Graft Act), and for technical malversation punishable under Article 220 of the Revised Penal Code.

 

Morales also found probable cause to indict Garcia, Bolo, Sususco, Salubre, Pelayre, Gingoyon, and private respondents Romeo Balili and Amparo Balili for violating Section 3(e) of the Anti-Graft Act.

 

The case stemmed from three complaints filed by the Office of the Ombudsman Visayas’ Public Assistance and Corruption Prevention Office (PACPO-Visayas), Manuel Manuel and Crisologo Saavedra for the irregular purchase of the Balili estate by the Cebu provincial government.

 

The estate consisted of 11 parcels of land with a total area of 249,246 square meters. It was worth some P99,698,400, of which P98,926,800 has already been paid.

 

Tainted with irregularities

 

In her decision, Morales said the transaction was tainted with irregularities as the provincial government at that time had no available funds appropriated for “providing a good opportunity for the Province of Cebu to develop and cater to the needs of interested investors.”

 

Also, the decision said half of the total payment “actually came from the [P50-million] budget of the province not specifically earmarked for that purpose but for Site Development and Housing Program under Social Services.”

 

It added that of the 11 parcels of land, “about 196,696 square meters of the total area of 249,246 square meters is submerged in seawater.” Thus it is not suitable for an international seaport or housing.

 

“The use of funds for a purpose other than the specific purpose for which the fund was appropriated is per se illegal," it said.

 

Administrative charges dismissed

 

Meanwhile, administrative charges were dismissed against:

 

 

—KG, GMA News