CEBU – The Office of the Ombudsman dismissed criminal charges against Governor Gwendolyn Garcia and 10 other officials, including a private contractor over the Cebu International Convention Center (CICC) in Mandaue City.
Ombudsman Samuel Martires dismissed the criminal case filed against Governor Garcia and the Capitol officials for alleged violation of Section 3(e) of Republic Act No. 3019 concerning the public bidding, awarding, and construction of the CICC.
The other provincial officials are former Provincial Administrator Eduardo Habin, Provincial Treasurer Roy Salubre, former Provincial General Services Office Chief Bernard Calderon, former Provincial Legal Office Chief Marino Martinquilla, former Provincial Planning and Development Office Chief Adolfo Quiroga, Provincial Agriculturist Necias Vicoy Jr., Integrated Provincial Health Office Cristina Giango, Provincial Budget Office Chief Emme Gingoyon, former Provincial Environment and Natural Resources Office Chief Glenn Baricuatro, and former Provincial Engineering Office Chief Eulogio Pelayre.
In the decision, Martires acknowledged the elements that must be met to successfully prosecute a violation of Section 3(e) of RA 3019 or the Anti-Graft and Corrupt Practices Act.
“The items procured were reasonably priced and is within the standards set by COA (Commission on Audit). As such, there was no undue injury because the local government did not spend money more than it was supposed to and there was no showing that the respondents obtained benefits as a result of the transaction,” the decision reads.
“Further, there were no unwarranted benefits given considering that the respondents gave sufficient justification in resorting to alternative modes of procurement and the materials were purchased at cost,” it continued.
WT Construction Inc. Vice President Willy Te, the contractor of the CICC project, is likewise cleared of the charges.
The criminal complaint was filed by the Public Assistance and Corruption Prevention Office, Office of the Ombudsman (Visayas) with the Preliminary Investigation, Administrative Adjudication and Review Bureau of the Office of the Ombudsman in Quezon City. (Eleanor Valeros)
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