Pablo Garcia defends daughter on alleged unapproved contracts

CEBU, Philippines - Former congressman Pablo Garcia has pointed out that the provincial government cannot sue his daughter, former governor and incumbent third district representative Gwendolyn Garcia, on alleged contracts that were not approved by the Provincial Board.

The elder Garcia, a lawyer and also a former governor of Cebu, issued a statement yesterday after Governor Hilario Davide III said that the Provincial Government will be forced to file a third party complaint against Gwendolyn should the contractors file charges against the Capitol for unpaid completed projects.

Davide earlier stressed that they will not pay contractors whose contracts have not been ratified by the PB. Davide said the previous administration of Garcia violated the Local Government Code by proceeding with projects without approval of the Provincial Board.

But in a statement to The Freeman, Pablo stressed that "the budget itself is a legislative authorization."

The Provincial Government owes P607 million to 31 contractors of various projects left by the younger Garcia when she was suspended last December 2012 until her term ended on June 2013.

In order to pay the obligations, the contracts entered into by then Governor Garcia has to be ratified.

Pablo said that the same issue was raised sometime in 2006 and it even reached to the Supreme Court which stated that the no further authorization is needed for the governor to enter into the contract.

"Should the appropriation ordinance for instance already contain sufficient detail of the project and cost of the capital outlay such that all the local chief executives needs to do after undergoing the requisite public bidding is to execute the contract. No further authorization is required, the appropriation ordinance already being sufficient," read a portion of the December 2008 SC decision.

Further, Vice Governor Agnes Magpale yesterday stressed her support on the decision of Davide not to pay the contractors whose projects did not acquire PB approval.

"Yes during that meeting I (do) agree with governor. I have to be consistent kay usa ko sa ni-file og complaint in court to determine if kinahanglan ba gyud ang among authority sa Provincial Board in case a contract is to be signed," she told the media.

However, she disclosed that she is most worried on the hospitals in Danao City and in Balamban town which construction was halted by contractors, Supreme ABF Construction and WTG Construction and Development, after the Capitol refused to pay them.

Magpale said they are currently looking for a solution on how to address the concern.

Magpale said that provincial board member Grecilda Sanchez has sent queries to the Commission on Audit (COA) regarding the matter while other provincial board members are also consulting their lawyers.

"I hope they (COA) will come up with a categorical answer," she said.  (FREEMAN)