By CZARINA NICOLE ONG, With a report from Ben Rosario
The Office of the Ombudsman has ordered the dismissal of former Cebu Governor and current 3rd District Representative Gwendolyn Garcia after she was found guilty of grave misconduct.
Ombudsman Conchita Carpio Morales sent a copy of the decision to Speaker Pantaleon Alvarez for him to take appropriate action regarding the dismissal, which includes the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility, and forfeiture of retirement benefits.
Garcia’s cast stemmed from the purchase of the controversial Balili property back in June 11, 2008. The property, which measures 249,246 square meters, is located in Tinaan, Naga, Cebu and worth P98,926,800.
Out of the total lot, 196,696 square meters of the property was submerged underwater and part of a mangrove area.
On April 2012, the local government conducted a public bidding “for the supply and delivery of backfilling materials and other incidentals of its submerged and mangrove portions.”
The project was awarded to Supreme ABF Construction, since it provided the lowest calculated bid and it was also the most responsive bidder with a total tendered bid of R248.75 per cubic meter. Based on the records, the provincial government released a total of P24,468,927.66 to the winning contractor.
However, the Ombudsman hit Garcia for the payment since she had no authority from the Sanguniang Panlalawigan (SP) when she entered into contracts with Supreme ABF Construction.
“While this Office finds merit on her assertion that the P50 million allotment for the airport/seaport and other economic enterprise site development program (a capital outlay expenditure that was carried over to the 2012 Annual Budget of the province), was a valid source of appropriation for the Balili project, such appropriation did not validly confer authority to respondent Garcia to enter into a contract with ABF Construction for the Balili project,” the Ombudsman decision read.
Under the said laws, local government officials are allowed to enter into a contract provided that a certification of appropriation and fund availability for the expenditure is issued.
But in Garcia’s case, the Ombudsman stated that “the [certification of available funds] was issued only after the [second] contract was entered into by respondent Garcia.”
Meantime, Garcia assailed Morales and the timing of her order.
This developed as the Volunteers Against Crime and Corruption dared Garcia to endorse the impeachment complaint it filed against Ombudsman Conchita Carpio-Morales, saying that she has committed another impeachable offense by ordering the Cebu solon’s removal from office.
Garcia, one of the more outspoken congressional leaders participating in the impeachment proceedings against Supreme Court Chief Justice Ma. Lourdes Sereno, said she will leave the Ombudsman’s dismissal order to the discretion Alvarez.
