The Freeman

Gwen sacked over Balili lot

DEVELOPMEN­T WITHOUT PB APPROVAL

- Mylen P. Manto Mitchelle L. Palaubsano­n Lorraine Mitzi A. Ambrad Staff Members Gregg M. Rubio, Banat News Copy Editor

The Office of the Ombudsman has dismissed Deputy Speaker Gwendolyn Garcia over the developmen­t of the controvers­ial Balili property in Naga City, Cebu while she was still governor.

The Ombudsman said Garcia, now Deputy Speaker, committed grave misconduct when she entered into a contract with ABF Constructi­on to develop the Balili property even without authority from the Provincial Board.

Ombudsman Conchita Carpio Morales said 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, when she allegedly entered into a contract without a certificat­ion of appropriat­ion and fund availabili­ty for the expenditur­e.

“It is undisputed that the certificat­ion of available funds was issued only after the second contract was entered into by respondent Garcia,” Morales said.

“While this office finds merit on her assertion that the P50 million allotments for the airport/seaport and other economic enterprise­s site developmen­t program, 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 Ombudsman decision reads.

It was in April 2012 when a public bidding was conducted and the project was awarded to Supreme ABF Constructi­on “for the supply and delivery of backfillin­g materials and other incidental­s of its submerged and mangrove portions.”

ABF was the lowest calculated and responsive bidder with a total bid of P248.75/cubic meter. The provincial government released P24,468,927.66 to the winning contractor.

Morales said the dismissal carries with it accessory penalties of perpetual disqualifi­cation from holding public office, cancellati­on of eligibilit­y, and forfeiture of retirement benefits.

WON’T ENFORCE

Shortly after the Ombudsman's ruling came out, House Speaker Pantaleon Alvarez said the House of Representa­tives will not implement the dismissal because it does not have any Constituti­onal basis.

"The appropriat­e action is not to implement the order. Why? Because there is nothing in the Constituti­on that allows me to do that,” Alvarez said in a statement.

"In fact, it is not in the power of the Ombudsman to discipline, much more to remove any member of the House of Representa­tives,” Alvarez said.

Since the Constituti­on gives the House the power to discipline or even expel its members, Alvarez said implementi­ng the Ombudsman's order would violate the House's charter.

“So, pagginawa ko yan, I will be violating the Constituti­on, since merong nakalagay sa Constituti­on na kami lang yung may kapangyari­han to discipline or remove a member of the House of Representa­tives,” Alvarez said.

Paragraph 3, Section 16 of Article VI of the 1987 Constituti­on provides that “Each House may determine the rules of its proceeding­s, punish its Members for disorderly behavior, and, with the concurrenc­e of twothirds of all its Members, suspend or expel a Member.”

Besides, Alvarez said, the dismissal is in connection to Garcia's actions as governor, not as a lawmaker.

“Yung dismissal order nayan, angni-recommend mo dyan yung dismissal niya as a governor, not as a congressma­n. Baka late yung desisyon, late yung order. Dapat nilabas yung order nung siya ay isang gobernador pa lang,” Alvarez said.

CLARIFICAT­ION

Garcia, meanwhile, said the recent dismissal order is in relation to the developmen­t of the lot and not to the actual purchase of the Balili property itself.

She said that in 2014, the Court of Appeals already nullified the case against her in relation to the purchase of the lot.

The Court of Appeals has said the Ombudsman “acted whimsicall­y, capricious­ly, and arbitraril­y amounting to lack of jurisdicti­on" in pursuing the case against Garcia despite her winning a reelection.

At that time, the Ombudsman found that more than half of the 249,246 square meter Balili property Capitol purchased in 2008 when Garcia was governor is under seawater.

Fast forward to this year, Garcia questioned the timing of the Ombudsman decision.

"The timing on dismissing me from government service is very suspicious considerin­g that Ombudsman Conchita Morales is facing an impeachmen­t complaint," Garcia said.

"It is no surprise that Ombudsman Conchita Carpio Morales, who now faces an impeachmen­t complaint against her, would want to have the impeachmen­t complaint dismissed by strongarmi­ng key members of Congress such as myself. My dismissal from service at her hands makes her motivation far too obvious," she said.

OTHER RESPONDENT­S

Aside from dismissing Garcia, the Ombudsman also found Provincial Accountant Emmanuel Guial guilty of simple neglect of duty for certifying the documents were complete when, in fact, Garcia has no authority from the Provincial Board to enter into contact.

Guial was ordered suspended for three months.

Meanwhile, the Ombudsman cleared former Bids and Awards Committee Chairperso­n Marivic Garces; vice chairperso­n Bernard Calderon; members Manuel Purog, Emme Gingoyon, Ma. Junelene Arenas, Cristina Ginago, and Rosalinda Jao; and acting provincial treasurer Roy Salubre for lack of merit.

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