THE Office of the Ombudsman on Thursday sacked top Cebu officials over an anomalous procurement of the Cebu International Convention Center.
Ombudsman Conchita Carpio Morales ordered the perpetual disqualification and dismissal from the service of provincial administrator and bids and awards committee chairman Eduardo Habin, and BAC members—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 procurement of the CICC project in 2006.
She directed Cebu Gov. Hilario Davide III to immediately implement the decision.
“In case of separation from the service, the penalty is convertible to a fine equivalent to respondent’s one-year salary,” she said.
The Public Assistance and Corruption Prevention Office in Visayas filed a complaint against the Cebu officials, accusing that in 2005, former president and now Pampanga Rep. Gloria Macapagal Arroyo designated Cebu as the venue for the 12th Asean Summit scheduled in December 2006.
In February 2006, the city government decided to construct the CICC facility with WT Construction Inc. as contractor.
Based on the audit of the Commission on Audit, 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 P59.6 million, structural steel works of P307 million and other works were awarded via negotiated procurement or limited source bidding.
Under the Government Procurement Reform Act or Republic Act 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 and company were liable for the procurement of items that were not of the type or use that would have justified the recourse to the alternative mode of procurement.
According to investigation, the BAC recommendation of resorting to LSB for the supply of air conditioning units worth P26.5 million was made two months after respondents issued a notice of award.
Respondents “flagrantly transgressed and disregarded well-established rules on bidding and definite rules of action” under RA 9184, Morales said.
The Ombudsman also meted out Habin and et al. The accessory penalties of forfeiture of retirement benefits, cancellation of eligibility and bar from taking the civil service examination.