More trouble lies ahead for Garcia

GARCIA

CEBU CITY—The 24.7-hectare Balili property in Barangay Tinaan, Naga City, Cebu, has brought more woes to suspended Cebu Gov. Gwendolyn Garcia as she faces a formal investigation by the Ombudsman for a P26.6-million project to fill the property, mostly under water, with earth.

The antigraft office also issued a “cease and desist order” to prevent the province from paying P6.9 million in earth-filling materials that have been delivered but unused when the project was stopped.

The Cebu provincial government has bought the property in Naga City, some 16 kilometers south of Cebu City, in 2008 for P98.9 million. The deal led to graft charges against Garcia which are now at the Sandiganbayan.

The Ombudsman has questioned the fund allocation for the project to fill the property with earth. The funds were taken from parts of the province’s annual budget from 2010-2012 that had been earmarked for airport, seaport “and other economic enterprise site plan.”

The Supreme Court had ruled that in case an appropriation ordinance described projects in generic terms, the governor could not enter into contracts without prior approval from the provincial board.

Garcia failed to obtain this, according to a report signed by Ombudsman Conchita Carpio Morales.

The report said Garcia, acting provincial accountant Emmanuel Guial and former provincial treasurer Roy Salubre will be investigated for graft, illegal use of public funds or property, grave misconduct and neglect of duty.

Christina Codilla-Frasco, Garcia’s daughter and lawyer, said the family has not received a copy of the Ombudsman report.

“This is not a criminal case,” Frasco said in a text message. She questioned the timing of the release of the Ombudsman report.

“The people know the truth and can surely look beyond this last ditch attempt to get ahead in the elections,” she said.

The complainants said the submerged areas of the Balili property had been reclaimed and covered with limestone and filling materials.

In his complaint, Hilario Davide Jr., who is running for governor against Garcia’s brother, said the project to fill the submerged portions of the Balili property would suppress the evidence in the graft case against Garcia.

The Ombudsman also found other violations in the project like the lack of an environmental compliance certificate, bloated costs and irregularities in bidding.

A panel of investigators also found that a second contract to fill the property with earth included dredging costs although the filling materials were not taken by dredging.

The bidding appeared to favor only one company, said the Ombudsman report. “In sum, the irregularities, if taken altogether, tend to establish … evident bad faith, gross inexcusable negligence or manifest partiality,” it said.