CEBU -- The provincial legal officer recommended that the Capitol not to pay the P6.8 million being collected by the contractor who supplied the back-filling materials for the former Balili property.
In a letter sent to Provincial Accountant Marieto Ypil, Provincial Legal Officer Orvi Ortega “strongly recommended to cancel the disbursement of voucher and not to pay” the Supreme ABF Construction and Construction Supply Company Inc.
Ortega pointed to the pending cases related to the purchase of the former beach resort in Barangay Tinaan, Naga City and the lack of authorization from the Provincial Board (PB).
Ypil had asked for Ortega’s legal opinion regarding the payment. He recalled that the PB’s approval is “required under the audit observation memorandum” of the Commission on Audit (COA) and that there was a controversy regarding the back-filling project.
Ortega also said the signing of the contract between former governor Gwendolyn Garcia and the contractor has no approval from the PB.
The contractor delivered 27,683 cubic meters of back-filling materials for the development of the former Balili property.
Garcia is facing graft and technical malversation cases before the Sandiganbayan for the purchase of the 24.9-hectare Balili property last 2008. She is now the congresswoman of the province’s third district.
Ortega pointed out that “the backfilling was done when the Balili property was already the subject of litigation”.
“There were pending cases being faced by former governor Garcia and several officials of the Province of Cebu before the Sandiganbayan and, as such, the back-filling activity could be considered in the nature of tampering with evidence as the entire Balili lot property is the root cause or bone of contention in the cases mentioned,” Ortega’s letter read.
Officer-in-charge Ma. Yolanda Cabando of the Provincial Treasurer’s Office said the process of paying a supplier begins in the pre-audit division.
It will then be sent to the accounting office, and then to the treasurer’s office for the issuance of a check.
Last December, Cebu Governor Hilario Davide III, Vice Governor Agnes Magpale and PB Member Arleigh Jay Sitoy filed complaints against Garcia before the Office of the Ombudsman, after they found out about the “irregular” filling of limestone in submerged portions of the Balili property.
They also included in their complaint former Provincial Treasurer Roy Salubre and businessman Bernabe Gilbor, president of the Bacolod City-based contractor.
Follow-up
Three days before the May 13 election, the anti-graft office upgraded into criminal and administrative complaints its fact-finding inquiry regarding the backfilling of the Balili site.
Ypil assumed that the contractor probably knew about the status of the payment since the company has been conducting follow-ups.
“Nakahibaw nana sila kay sige na man na silang follow up,” Ypil told reporters.
He believed the contractor also knew that there were pending cases related to the Balili property.
Sun.Star Cebu called the office of Supreme ABF Construction in Negros Occidental but Maricar Castillo, one of the staff workers, requested that the call be put off until today, because their head was not around yesterday, July 12, to answer queries.
“As far as my understanding of the Local Government Code is concerned, all the transactions contracts entered into by the Provincial Government should carry the consent of the Provincial Board,” Davide told reporters. (Sun.Star Cebu)
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