CEBU, Philippines - The Office of the Ombudsman-Visayas filed yesterday criminal and administrative cases against Governor Gwendolyn Garcia and members of Bids and Awards Committee (BAC) before the Ombudsman-Manila over the controversy surrounding the construction of the Cebu International Convention Center (CICC).
Deputy Ombudsman for the Visayas Pelagio Apostol said the Preliminary Investigation and Administrative Bureau (PARB) of the Office of the Ombudsman-Manila will investigate the cases.
Apostol said he did not approve the recommendation of the fact-finding panel to endorse the complaints for formal investigation.
But he said he bowed to the decision of Ombudsman Conchita Carpio-Morales who recommended the filing of complaints against Garcia and others.
“She (Morales) has a superior view than mine, so whatever the Ombudsman will say we have to follow,” Apostol said.
In their Final Evaluation Report that Morales approved, graft investigators recommended the filing of two counts of graft case and two counts of misconduct/neglect of duty against Garcia and the other respondents.
The investigators said the respondents allowed the WT Construction Inc. to make the site development and the structural, architectural, plumbing and electrical works without a contract.
They likewise cited that the respondents violated the law since the procurement of supplies and installation of structural steel, metal cladding, structural cabling system, fire protection/automatic sprinkler system, powder-coated whit FD, steel fence/gates and air-conditioning units were done through limited bidding.
Apostol explained that the bidding should have been open to the public and that the contractor should have not gone beyond the contract.
Based on their findings, graft investigators said they found out that the WT Construction Inc. had worked beyond what was stated in the contract.
Aside from Garcia, other respondents were BAC chairman Eduardo Habin, BAC vice chairman Marino Martinquilla, BAC member Roy Salubre, budget officer Emmy Hingoyon, BAC members Ernesto Biernes and Euly Pilayre.
On April 16, 2007, businessman Crisologo Saavedra requested the anti-graft office to look into the construction expenses of the CICC, which was constructed by the provincial government for the 12th ASEAN Summit.
Disapproval
Apostol said he did not approve the recommendation of the fact-finding panel because there were no sworn allegations.
“It is my humble view that the finding of the members of the fact-finding panel that limited source bidding is applicable only to procurement of goods, although possibly correct, suffers inaccuracies for being obviously based on interpretation of law and not mainly based on facts gathered by them during the fact-finding investigation,” he said.
As basis, Apostol cited the examination of the Commission on Audit, which found no irregularity in the project.Apostol added that he found no evidence of overpricing.
He only recommended that the records and report be referred to the Office of the Overall Deputy Ombudsman for review.
Garcia camp hits filing of complaints
Garcia’s counsel questioned the filing of the complaints against her and other officials.
“How can they possibly file this complaint in good conscience when they themselves know that wala pa ma’y kasigurohan kung ang gi-approved ni Ombudsman Morales ang disapproval ba ni Apostol sa Final Evaluation Report o ang recommendation sa investigating panel?” said lawyer Christina Garcia Frasco, the governor’s daughter.
Frasco said the Ombudsman’s rules of procedure dictate that the office reviews the findings of the Deputy Ombudsman which, in this case, disapproved the recommendations of the investigating panel.
She pointed out that Apostol’s disapproval was part of the evaluation report which Ombudsman Morales approved.
Frasco earlier sought clarification if it was Apostol’s disapproval that was approved by Morales when Apostol told the media on Wednesday that complaints will be filed against the governor.
“We ask only for fairness here. And filing a complaint without clarifying whether or not the complaint should be filed in the first place is certainly not fair,” Frasco said.
Frasco also asked if Apostol has a written confirmation from Morales that what was approved was the Final Evaluation Report.
“Because by his own interpretation it seems to me that he is allowing himself to be bypassed by Ombudsman Morales,” she said.
As practiced, she said what the Ombudsman approves or disapproves is the recommendation of the deputy ombudsman and not the findings of the investigating panel.
“Why make an exception in the case of Governor Garcia?” Frasco added.
Capitol spokesperson Rory Jon Sepulveda said that the filing of the complaints would be the opportune time for the governor to answer the allegations.
Sepulveda said that the issue of overpricing was not included in the complaints.
“We even feel a little bit overjoyed kay at least klaro nga dili pangwarta ni, dili ni plunder, dili ni nangurakot,” he told reporters. — /LPM (FREEMAN)