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Ombudsman: Top Cebu officials dismissed for CICC anomalies

       Ombudsman Conchita Carpio Morales ordered the perpetual disqualification and dismissal from the service of Cebu Provincial Administrator and Bids and Awards Committee (BAC) Chairman Eduardo Habin, BAC members, namely: Bernard Calderon, Marino Martinquilla, Cristina Giango, Adolfo Quiroga, Necias Vicoy, Jr., Roy Salubre, Emme Gingoyon and Eulogio Pelayre for Grave Misconduct and Gross Neglect of Duty in connection with the anomalous procurement of the Cebu International Convention Center (CICC) project in 2006. 

            In case of separation from the service, the penalty is convertible to a fine equivalent to respondent’s one year salary.

            Ombudsman Morales directed Office of the Governor in Cebu City to immediately implement the decision.

        In a complaint filed by the Public Assistance and Corruption Prevention Office (PACPO) in Visayas, it was alleged that in 2005, then President Gloria Macapagal Arroyo designated Cebu as the venue for the 12th ASEAN Summit scheduled in December 2006.   In February 2006, the local government decided to construct the CICC facility with WT Construction, Inc. (WTCI) as contractor.

         Based on the audit of the Commission on Audit (COA), it was established that respondents allowed WTCI to proceed with the site development, structural, architectural, plumbing and electrical work without the benefit of public bidding, no written contracts and without approved appropriations.  The procurement for phase II amounting to P59.6million, structural steel works of P307million and other works were awarded via negotiated procurement or limited source bidding (LSB).  Under the Government Procurement Reform Act (Republic Act No. 9184), LSB is used for the procurement of “highly specialized goods” such as “sophisticated defense equipment or complex air navigation systems.”

           The Office of the Ombudsman held that Habin, et.al. are liable for the procurement of items which are not of the type or use that would have justified the recourse to the alternative mode of procurement.  Investigators also found that the BAC recommendation of resorting to LSB for the supply of air conditioning units worth P26.5million was made two months after respondents issued a notice of award.   

      According to Ombudsman Morales, respondents “flagrantly transgressed and disregarded well-established rules on bidding and definite rules of action” under Republic Act No. 9184.

          Aside from perpetual disqualification from public service, Habin, et.al. were meted out the accessory penalties of forfeiture of retirement benefits, cancellation of eligibility and bar from taking the civil service examination.

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