BOOK USED AS BASIS HAD ERRORS: Saavedra withdraws case vs. Gwen, her cousin and PBAC

Businessman Crisologo Saavedra yesterday withdrew one of three cases he filed against Governor Gwendolyn Garcia on the controversial Cebu International Convention Center project.

Saavedra went to the Office of the Ombudsman Visayas yesterday afternoon to withdraw the latest case he filed against Garcia, the governor''s cousin Karen Fiel Tio and members of the Provincial Bids and Awards Committee for alleged violations of the Anti-Graft and Corrupt Practices Act and Government Procurement Law.

Saavedra admitted the book Procurement Kit Tool of R.A. 9184, which he used as basis for the complaint he filed, had errors. He said that the book, written by Sofronio Ursal, made him understand that fourth degree cousins are still covered with the prohibition.

The businessman, however, said he was able to talk to Ursal himself and learned that there was a typographical error in the book. Upon learning of the errors in the book he used as basis for the complaint, Saavedra then went to the anti-graft office to file his withdrawal and apology letter to he respondents of the case.

Saavedra attached a photocopy of the alleged erroneous portion of the book, which is found on page 238, in his withdrawal letter.

"Honest mistake man to because it was made without malice," Saavedra told The Freeman.

Saavedra was given a 24-hour ultimatum by the governor''s brother, lawyer Pablo John Garcia, to withdraw his complaint and apologize for what he has done.

Saavedra said he was not afraid of the ultimatum and would have pursued the case had he not found out that he made an "honest mistake."

He earlier accused Garcia of violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and Sections 65 and 47 of Republic Act 9184 or the Government Procurement Law for allowing her cousin, Karen Fiel Tio, to participate in the bidding and eventually awarding an almost P9 million contract to her cousin''s firm.

Tio''s company, Diamond Interior Industrial Corporation, was awarded the P7,560,000 contract for metal cladding and P1, 375,000 supply of window blinds for the CICC.

Saavedra said that Garcia allegedly abused her power with manifest preference for a bidder closely related to her. He claimed that Garcia and Tio are actually third degree cousins, which is covered in the prohibition under the R.A.9184.

Despite the withdrawal of the case, the governor is still facing two more criminal and administrative charges before the anti-graft body, which were also filed by Saavedra. The two remaining charges that Saavedra refused to withdraw despite the accounting that the governor has already rendered on the expenses for the CICC include the alleged splitting of contracts and plunder.

Saavedra said he is not satisfied with the accounting rendered by Garcia the other day claiming that she can never justify the alleged illegal expenses.

According to Saavedra, Garcia can never compare a construction project with another construction project because of the difference in design, bill of materials, terms of reference and specifications.

"You cannot compare an apple with a banana," Saavedra said.

Garcia''s presentation the other day, according to Saavedra, was not the way to justify the expenses. "The only way to justify the project, is to start the project correctly," Saavedra added.

He insisted that the project was anomalous because the allocation was approved by the provincial board despite the alleged failure of the governor to submit the terms of specifications, plans and program of works, bill of materials, canvassing of the bill of materials, proof of lot ownership and feasibility study.

Saavedra said these documents are prerequisites in the allocations of budget for the project.

Asked about the seemingly satisfied audience during the presentation of the governor, Saavedra said the reaction of the people present during the presentation is irrelevant because they were allegedly not familiar with government transactions.

Saavedra said he will pursue the remaining two charges he filed against Garcia and other provincial officials claiming that those were legitimate charges. The other respondents of the case aside from Garcia are Vice Governor Gregorio Sanchez, architect Manuel Guanzon, provincial treasurer Roy Salubre, planning officer Aldolfo Quiroga, budget officer Emmy Gingoyon, project engineer Ernesto Viernes, provincial engineer Eulogio Pelayre, provincial attorney Marino Martinquilla and provincial administrator Eduardo Habin.

Saavedra said that the original budget for the CICC was P248,759,160 plus P2 million supplemental budget. However the expenses allegedly reached more than what was allocated because the Capitol allocated P115 million for it. Based on the governor''s accounting, the provincial government spent a total of P581 million for the CICC. - Fred P. Languido/QSB