The contractor responsible for the backfilling project in the litigated Balili property sought a meeting with Cebu Gov. Hilario Davide III yesterday to settle its P6.8 million payment claim.
Engr. Bernabe Gilbor, owner of Supreme ABF Construction and Construction Supply Co., said he wants to “hear the province’s reasons for refusing to pay his firm for the backfilling done at the Balili property in barangay Tina-an, Naga City.
“Out of my 32 years in the business, I cannot understand why they will not pay me. I finished my work on time and did it properly,” he told reporters.
Davide’s chief of staff Ramil Abing said the governor didn’t meet Gilbor due to another appointment.
Gilbor, who claimed to be a former provincial board member of Negros Occidental, said he “knows how the law works.”
The first contract for the backfilling operations reportedly cost the province P27 million.
The 6.88 million represents the remaining balance for the firm’s “additional restoration” work on the lot.
Gilbor said he proceeded with the operations because he didn’t know that the property was under litigation before the Sandiganbayan at that time.
“I saw the invitation of the province to contractors who were willing to bid for the contract. I won and finished the job. We contractors are not aware of those PB approvals. We only ask if there’s budget allocated for it,” he added.
Asked if he would continue to press charges against the Capitol, Ortega said it will “depend on the advice of his lawyers.”
Davide earlier said he cannot understand why Gilbor wants to discuss the matter with him.
“I even filed a case before the Sandiganbayan questioning that backfilling. I don’t know what his (Gilbor) concern is. I don’t even want to face him. They already said they will press charges so there is no need to meet up,” he said.
Provincial legal officer Orvi Ortega earlier said the backfilling was illegal because the property was considered as evidence in graft cases faced by former governor Gwendolyn Garcia and other Capitol officials in the Sandiganbayan.
Ortega also cited a Commission on Audit (COA) 2011 report which stated that budgets for projects in generic terms need a covering contract for every specific project and needs approval from the Provincial Board.