CICC graft case: Gwendolyn Garcia ‘not off the hook yet’

THE CEBU International Convention Center (CICC) suffered damage during Supertyphoon “Yolanda” (international name: Haiyan) and the 7.2-magnitude earthquake in October 2013. JUNJIE MENDOZA/CEBU DAILY NEWS

CEBU CITY, Philippines—Former Cebu Gov.  Gwendolyn Garcia continues to face a criminal case despite her being absolved of administrative liability for alleged irregularities in the construction of the Cebu International Convention Center (CICC), according to a ranking official of the Ombudsman.

“She’s definitely not off the hook yet,” said Ma. Corazon Naraja, Ombudsman spokesperson and graft investigator.

A provincial legal officer and at least eight former Cebu provincial officials had been found guilty by the Ombudsman of gross neglect of duty and misconduct for violating bidding rules in the CICC project.

Garcia was spared from the administrative aspect of the case as the so-called Aguinaldo Doctrine was applied to her.

Naraja said the criminal aspect of the CICC case is still pending at the Ombudsman.

Garcia, now third district representative, and former provincial environment officer Glenn Baricuatro are still facing the criminal charge of violating the Anti-Graft and Corrupt Practices Act in connection with CICC irregularities.

The Ombudsman has yet to release its findings on the criminal charges. The Inquirer tried to seek Garcia’s comment to no avail.

Garcia had sought the dismissal of all the charges due to what she said were procedural infirmities—the complaint was not subscribed and sworn to and not accompanied by a certificate of non-forum shopping.

Those found guilty in the administrative aspect of the case were perpetually barred from holding public office and their retirement benefits forfeited.

The former officials were ordered to pay a fine equivalent to their one year salary.

Found guilty were former provincial administrator Eduardo Habin, 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 and provincial legal officer Marino Martinquilla.

At the time of the construction of the CICC, Habin chaired the bids and awards committee while the other respondents were members.

Garcia would have also been found guilty of the administrative charges had she not been reelected into office and been absolved of the offense under the Aguinaldo Doctrine, the antigraft office said.

Dennis Mendoza, graft investigation and prosecution officer, said Garcia was responsible for allowing additional work at the CICC without appropriation and bidding, a violation of the Government Procurement Act.

“The disregard of well-established rules and definite rules of action would have subjected Garcia to administrative penalty had it not been for the fact that she was reelected twice, in 2007 and then in 2010, to the same post as governor,” said Mendoza in his ruling approved by Ombudsman Conchita Carpio-Morales.

Under the Aguinaldo Doctrine based on a Supreme Court decision, the reelection of a public official extinguishes his or her administrative liability for acts committed during his or her previous term. The high court has junked the doctrine in a recent ruling on the suspension of Makati Mayor Junjun Binay for a plunder case.

The CICC in Mandaue City was built for more than P800 million to serve as venue of the Association of Southeast Asian Nations summit in January 2007.

Garcia had repeatedly defended her centerpiece project against criticism that it was overpriced and rushed.