CEBU – Despite a Supreme Court ruling reversing the RTC decision that Governor Gwendolyn Garcia does not need Provincial Board authorization to enter into contracts committing the province to funding, Capitol legal consultant Rory John Sepulveda said the province was justified.
“The Province of Cebu is vindicated of the issues. We are getting ready for the hearing,” Sepulveda said during a press conference held yesterday.
In its decision promulgated December 8, 2008, the Supreme Court reversed the rulings of the Regional Trial Court dated July 11, 2006 and October 25, 2006.
In her July 11 decision, RTC Branch 9 judge Geraldine Faith Econg ruled in favor of Garcia who filed a petition for declaratory relief regarding Commission on Audit findings that the governor entered into a contract without PB approval.
The judge also denied the October 25 the motion for reconsideration filed by PB members Gabriel Luis Quisumbing, Raul Bacaltos, Carmiano Kintanar, Jose Ma. Gastardo and Agnes Magpale.
On November 22 that same year, Bacaltos, Quisumbing, Estrella Yapha and Victoria Corominas filed a petition for review before the Supreme Court assailing the decision of the RTC.
Sepulveda said the province welcomed the Supreme Court’s decision.
“We have ample time to review it and look if there is a need for a counter-resolution,” he said when asked what actions to take when a full-blown trial will proceed.
The governor has filed a petition for reconsideration following COA audit on the province for 2004 which states “several contracts in the total amount of P102,092,841.47 were not supported with a PB resolution authorizing the Provincial Governor to enter into a contract, as required under Section 22 of R.A No. 7160.”
Garcia also filed a declaratory relief in the RTC.
RTC Branch 9 judge Geraldine Faith Econg favored Garcia on the July 11, 2006 decision saying she does not need a prior authorization from the PB to enter into contracts if there is a prior appropria
tion ordinance. — Darlanne R. Sino Cruz /BRP (THE FREEMAN)