Davide stands by recommendation, won’t pay Balili contractor

CEBU, Philippines - Even if Supreme ABF Construction and Construction Supply Company, Inc. threatened to sue the provincial government, Governor Hilario Davide III is standing by the recommendation not to pay the construction company that supplied the back-filling materials for the controversial Balili property.

Davide said they will face charges that Supreme ABF will file against them saying that it is the construction company’s right to do so.

“It’s their prerogative,” said Davide, who added that based on the legal opinion and recommendation of Provincial Attorney Orvi Ortega, the provincial government cannot be held liable for not paying the construction company.

Last week, Ortega recommended the cancellation of the disbursement voucher for the payment of over P6.8 million to Supreme ABF Construction.

Yesterday, Ortega stood by his recommendation stressing that there was no approval from the provincial board to spend for the back-filling and that the Balili property is still under litigation.

“They proceeded at their own risk,” said Ortega, explaining that the company knew about the ongoing case of the Balili property, specifically the submerged area wherein the back-filling transpired. He stated in his recommendation that this can be considered as tampering of evidence.

Ortega said it is the company’s right to sue. “It is the right of anybody  to feel that they have something to pursue.”

But he added that they have an equal right to give their opinion based on the documents they have and on the law.   According to the Local Government Code, contracts on government projects, like infrastructure, would need approval from the provincial board.

Bernabe Gilbor of Supreme ABF Construction and Construction Supply Company, Inc is set to meet Davide tomorrow and has also scheduled a press conderence to air his side.  (FREEMAN)