Ombudsman Conchita Carpio Morales has ordered the filing before the Sandiganbayan of Informations for graft against former Cebu Governor Gwendolyn Garcia and 11 others responsible for the anomalous procurement of the architectural and engineering design, various civil and other works for Cebu International Convention Center (CICC) in 2006.
Garcia faces 11 counts of violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) while the members of the Bids and Awards Committee (BAC); namely; Eduardo Habin, Roy Salubre, Cristina Gianco, Adolfo Quiroga, Necias Vicoy, Jr., Emme Gingoyon, Glenn Baricuatro, Bernard Calderon, Marino Martinquilla and Eulogio Pelayre, were slapped with multiple counts of graft. Also included in the charge sheet is Willy Te, vice-president of WT Construction Inc. (WTCI).
Records reveal that substantial procurement violations were committed by top officials of Cebu such as the illegal resort to the alternative method of procurement for the P16.8million architectural and engineering design contract, P307million combined structural steel contracts, P59million adjacent/contiguous works, P7.5million l cladding contract, P1.8million structural cabling system, P3.6 million fire protection/sprinkler system, P3.4million glass works, and P26.5 million airconditioning contracts. No public bidding was undertaken by Garcia et. al. for these contracts totaling P 425.6million.
Procurement documents also show that the contract with WTCI was signed on 22 June 2006 and that one day after, on 23 June 2006, Garcia approved the disbursement voucher authorizing the payment to the contractor for 100% of work accomplished totaling P43.2million. Garcia also signed the certificates of acceptance and completion for the project on the same date.
According to complainant Public Assistance and Corruption Prevention Office-Visayas (PACPO-Visayas), “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.”
In her counter-affidavit, Garcia explained 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.”
In its 31-page Resolution, the Ombudsman ruled that “respondent public officers extended undue favors to WTCI when they awarded the contracts through alternative methods of procurement instead of public bidding.”
According to Ombudsman Morales, “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.”
She added that “the act of Garcia and WTCI in implementing construction works with a total cost of P257.4million without plans and specifications, appropriations and public bidding and worst, without a written contract, is a clear violation of Section 3(e) of R.A. No. 3019.”
Section 3(e) of the anti-graft law prohibits public officials from causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. ###