Ombudsman orders Deputy Speaker dismissed
OMBUDSMAN Conchita CarpioMorales in a statement on Monday said she has ordered the dismissal from the service of House Deputy Speaker and 3rd District Representative Gwendolyn F. Garcia for grave misconduct, in connection with a P98.9-million purchase of “the controversial Balili property” in Naga, Cebu, when she was provincial governor.
ccording to the statement, the said property, bought in 2008, is “a sprawling 249,246 square meter lot, ( of which)....( l) ocal authorities later discovered that 196,696 square meters of the property were underwater and part of a mangrove area.”
“In 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 statement noted, adding that the project was awarded to Supreme ABF Construction “as the lowest calculated and responsive bidder with a total tendered bid of P248.75/cubic meter.”
The statement further noted that, based on records, the provincial government released a total of P24.5 million to the winning contractor. But, “( u) pon scrutiny, the Ombudsman found that Garcia had no authority from the Sangguniang Panlalawigan when she entered into contracts with ABF Construction.”
“While this Office finds merit on her assertion that the P50million 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.”
“She failed to point out the specific provision in the appropriation ordinance which supposedly authorized her to enter into the contract,” the statement also noted, citing the Ombudsman’s Jan. 15 decision.
“Garcia violated Sections 46 and 47, Chapter 8, Subtitle B, Title I, Book V of the Administrative Code of 1987 and Section 86 of the Government Auditing Code of the Philippines which proscribe entering into a contract unless a certification of appropriation and fund availability for the expenditure is issued. It is undisputed that the [certification of available funds] was issued only after the [ second] contract was entered into by respondent Garcia.”
A co- respondent of Ms. Garcia, accountant Emmanuel Guial, was found guilty of simple neglect of duty “for certifying in the subject [ disbursement vouchers] that the supporting documents are complete when in fact they lacked the required authority from the SP for respondent Garcia to enter into contract.”
On the other hand, dismissed for lack of merit were administrative charges against Bids and Awards Committee Chairperson Marivic Garces; Vice-Chairperson Bernard Calderon; members Manuel Purog, Emme Gingoyon, Ma. Junelene Arenas, Cristina Giango, Rosalinda Jao; and Acting Provincial Treasurer Roy Salubre.
The Ombudsman said the dismissal order carries the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility and forfeiture of retirement benefits.
Ms. Morales also directed that a copy of the decision be furnished, for appropriate action, to House Speaker Pantaleon D. Alvarez.
Interviewed by reporters, Mr. Alvarez said he will “definitely not” implement the dismissal order against Ms. Garcia. “In fact, it is not within the power of the Ombudsman to discipline, much more to remove any member of the House of Representatives. So, pag ginawa ko ’yan (if I do that), I would be violating the Constitution. Since, merong nakalagay sa Constitution na kami lang may kapangyarihan (only the House is empowered by the Constitution) to discipline (and remove its) remove members from the House of Representatives.”
He noted that the dismissal order is “late,” being applicable only to Ms. Garcia’s tenure as Cebu governor.
Ms. Garia, when interviewed by reporters, said, “The timing is rather suspect, it does seem as though the Ombudsman has singled me out in the act that was done when I was still governor several years ago, and you rather wonder whether this was purposely done, precisely because as you saw, I am very active in this committee hearing against Chief Justice Sereno.”
“I will not touch on the merits of the (order),...and I shall leave it to the sound judgment and wisdom of the House leadership, headed by Speaker Pantaleon Alvarez,” she also said.
House Majority Leader Rodolfo C. Fariñas, for his part, said, “Nasa rules namin ’yan. ( We have rules on that.) Any orders coming from the court or whatever administrative bodies, we have to first determine, is the order valid? Is it relevant to our rules and everything? So ire- refer muna namin ’yan sa plenary. (So we will refer this to plenary.)”
He also pointed out the case of Senator Joel Villanueva’s dismissal by the Ombudsman, but “the Senate did not (remove) him.” — with