Cebu governor cleared in 2006 convention center case

Gwendolyn Garcia

CEBU CITY, Cebu, Philippines — The Office of the Ombudsman has dismissed the criminal charges filed against Cebu Gov. Gwendolyn Garcia for allegedly violating bidding rules in the construction of the Cebu International Convention Center (CICC) in Mandaue City 14 years ago.

In its ruling, the antigraft office said there was no solid evidence to prove that Garcia and 10 other respondents acted with “evident bad faith, manifest partiality, or gross inexcusable negligence” in building what the governor had considered to be her centerpiece project.

“This order serves to address the apparent inconsistencies in the previous rulings of this office with the hopes of putting the present controversy to rest,” said Daniel Panelo, graft investigation and prosecution officer. Panelo’s findings were approved by Assistant Ombudsman Jose Balmeo Jr. and Ombudsman Samuel Martires on Dec. 21, 2020.The P800-million CICC was built to serve as venue of the Association of Southeast Asian Nations (Asean) summit in January 2007. Garcia had repeatedly defended her centerpiece project against criticism that it was overpriced and its construction rushed.

No corruption

The Inquirer tried to reach Garcia on Tuesday, but the provincial government’s public information office said she would hold a press conference on Wednesday.

Panelo said the respondents were not motivated by corruption considering that their decision to resort to an alternative mode of procurement was premised on their mistaken belief that this was appropriate.

“In the same vein, it cannot be said that the respondents caused undue injury to any party, including the government, or gave any unwanted benefits, advantage or preference. The items procured were reasonably priced and is within the standards set by the Commission on Audit,” he said.

In 2015, the Ombudsman found Garcia’s corespondents administratively guilty for violating the bidding rules in the CICC project. It perpetually barred them from holding public office and ordered the forfeiture of their retirement benefits and the payment of a fine equivalent to their salary for a year.

Aguinaldo Doctrine

The Ombudsman cited the Supreme Court’s Aguinaldo Doctrine, which states that “the reelection of any public official extinguishes his or her administrative liability for acts committed during his or her prior term.” Garcia’s reelection in 2007 and 2010, in effect, condoned her alleged lapses committed in 2006.The Office of the Ombudsman’s decision on the criminal case against Garcia and the other respondents was released barely a month after the Sandiganbayan also dismissed a graft case against her and several others for the controversial purchase in 2008 by the provincial government of a lot that turned out to be mostly underwater and cost P98.9 million.

Also cleared of criminal charges were former provincial general service officer Bernard Calderon, former provincial health officer Cristina Giango, former provincial planning and development officer Adolfo Quiroga, former provincial agriculturist Necias Vicoy Jr., former provincial treasurer Roy Salubre, former budget officer Emmy Gingoyon, former assistant provincial engineer Eulogio Pelayre, provincial legal officer Marino Martinquilla, former provincial environment and natural resources officer Glenn Baricuatro, former provincial administrator Eduardo Habin, and Willy Te of WT Construction Inc. INQ