CEBU CITY—Cebu Governor Gwendolyn Garcia said she felt vindicated after the Office of the Ombudsman overturned a previous decision, and cleared her and 11 others of criminal charges over alleged anomalies in the construction of the P830-million Cebu International Convention Center (CICC) in 2006.
“First of all, I am really grateful to God, Senior Sto. Niño and Our Lady of Guadalupe. We have gone through so much, I have gone through so much, my family has suffered greatly because of this baseless accusation,” Garcia said in a press conference Wednesday.
In his 12-page decision issued on Dec. 14, 2020, Ombudsman Graft Investigation and Prosecution Officer 3 Daniel Von Evan Panelo said there was sufficient basis to overturn the Ombudsman’s previous issuances and dismiss the criminal charges for violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act against Garcia and her co-respondents.
Aside from Garcia, the Ombudsman also cleared Provincial Treasurer Roy Salubre, former Provincial General Services Officer Bernard Calderon, former Provincial Planning and Development officer Adolfo Quiroga, former Provincial Administrator Eduardo Habin, Integrated Provincial Health Office (IPHO) head Dr. Cristina Giango, former Provincial Agriculturist Necias Vicoy Jr., former Provincial Budget Officer Emme Gingoyon, former Provincial Environment and Natural Resources Office (PENRO) head current Pinamungajan Mayor Glenn Baricuatro, former Provincial lawyer Marino Martinquilla, former Provincial Engineering Office head Eulogio Pelayre, and Willy Te, vice president of WT Construction Inc.
“In my heart I knew that the complaint didn’t have any merit but the trouble was, we got embroiled in a political game for which the previous Ombudsman then willingly allowed herself to be part of,” Garcia said.
“If you study the “saga of CICC”, you will see the flip flopping of the (previous) Ombudsman,” Garcia said.
The dismissal was approved by Ombudsman Samuel Martires, who noted “the apparent inconsistencies in the previous rulings of the Ombudsman with the hopes of putting the present controversy to rest.”
“It is settled that the Ombudsman may revoke, repeal or abrogate acts of previous rulings of a predecessor in office. It is not bound by the decisions or actions of its predecessors as it could alter or modify them within the bounds of law,” Martires said.
The CICC was built for the province’s hosting of the 12th Asean Summit and the 2nd East Asia Summit in 2007.
In was in April 2007 when businessman Crisologo Saavedra filed a letter-complaint before the Office of the Ombudsman-Visayas against Garcia, members of the Provincial Bids and Awards Committee (BAC) and the contractor for alleged irregularities in the bidding, awarding and construction of the CICC.
In 2016, then Ombudsman Conchita Carpio-Morales approved the filing of criminal charges against Garcia and her co-respondents.
In his decision, Panelo said Garcia and her co-respondents “did not commit partiality, evident bad faith, and gross inexcusable negligence; nor did they cause any undue injury to the government, which are elements necessary to determine if a violation of RA 3019 was truly committed.”
“They were not motivated by corruption considering that their resort to an alternative mode of procurement was premised on their mistaken belief that the same was appropriate,” read the decision.
Panelo added that “not all elements of the crime punishable under Section 3 of Republic Act No. 3019 were present to merit and indictment” of the governor and her co-respondents.