OMB orders dismissal of Cebu Rep. Garcia
The Office of the Ombudsman (OMB) has ordered the dismissal from office of Deputy Speaker and Cebu 3rd District Representative Gwendolyn Garcia after finding her guilty of grave misconduct in the purchase of the controversial Balili property when she was still the governor of Cebu in 2008.
Ombudsman Conchita Carpio Morales furnished Speaker Pantaleon Alvarez a copy of the decision for him to take appropriate action. Garcia’s dismissal carries with it accessory penalties of perpetual disqualification from holding public office,
cancellation of eligibility, and forfeiture of retirement benefits.
Garcia’s case stemmed from the purchase of the Balili property for 198,926,800 in June 11, 2008 in Tinaan, Naga, Cebu.
Of the 249,246 square meters, about 196,696 square meters of the property was reportedly submerged in water and part of a mangrove area.
In 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 who was paid 124,468,927.66.
No authority But the Ombudsman said Garcia 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 150 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.
“She failed to point out the specific provision in the appropriation ordinance which supposedly authorized her to enter into the contract,” it added.
As a result, Garcia was found liable for violating 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.
The law provides that local government officials are allowed to enter into a contract provided that a certification of appropriation and fund availability for the expenditure is issued.
However in Garcia’s case, the Ombudsman noted that “the [certification of available funds] was issued only after the [second] contract was entered into by respondent Garcia.”
Timing is suspect
Garcia said she will leave her dismissal by the Ombudsman to the discretion of the House Speaker.
She did not only assail the dismissal order but questioned its timing.
“The timing is rather suspect. It does seem as though as the Ombudsman has singled me out,” Garcia said.
“I leave it to the leadership, to Speaker Pantaleon Alvarez, on his decision as regards to that dismissal order. I will leave to the sound judgment and wisdom of the Speaker. I will continue to work as hard as I can. I will continue to be active in the impeachment hearing on-going against Chief Justice Sereno,” Garcia added.