Capitol officials, 2 others sued for 20-story building project

CEBU, Philippines — Cebu Governor Hilario Davide III, Vice Governor Agnes Magpale, and three others are facing criminal and administrative complaints before the Ombudsman over the construction of the controversial 20-story commercial building at the Capitol compound.

Third District Rep. Gwendolyn Garcia sued the Capitol officials for allegedly violating the Anti-Graft and Corrupt Practices Act, grave misconduct, and conduct prejudicial to the best interest of the service.

The other respondents are Provincial Administrator Mark Tolentino, WT Construction Vice President Willy U. Te, and DBP Cebu Lending Center head Marissa Anino.

Garcia said the project is anomalous.

“While it may be true that respondent Governor Davide was authorized by the SP (Sangguniang Panlalawigan), through Resolution No. 112-2-18, to sign the Omnibus Loan Agreement, he had no authority to sign the Deed of Assignment with Hold-Out which is a separate and different instrument and not mentioned in Resolution No. 1128-2018,” her complaint reads.

On May 7, 2018, the Provincial Board approved Resolution No. 1128-2018 authorizing Davide to enter into and sign an Omnibus Loan Term Agreement with the Development Bank of the Philippines (DBP) for a P1,525,000,000 loan to finance the project.

But Garcia said Davide has no authority to sign the Deed of Assignment with Hold-Out, which is a vital document or contract entered into by the province and DBP, without which the loan would be unenforceable.

She also said that Davide entered into a contract with WT Construction, Inc. on February 15, 2019 for the project allegedly without authority from the Provincial Board.

Garcia said the project also violates the National Cultural Heritage Act because the building is “too high” and may deform the look of the Cebu Capitol Building, which was declared in 2008 as a National Historical Landmark.

Garcia asked the Ombudsman to suspend the Capitol officials preventively “so they may not tamper the evidence and witnesses against them which are at their disposal and control.”

Earlier, Garcia and Board Member Alex Binghay filed an injunction case before the trial court in Toledo City to stop the construction of the P1.3 billion Cebu Provincial project.

Davide said the recent case is a "desperate" move by on the part of Garcia who is seeking to return to the Capitol.

Garcia is running against Magpale for governor. Davide, meanwhile, is running for vice governor.

"I thought they sued us already before the RTC (Regional Trial Court) Toledo City? This is purely a publicity stunt to gain more political mileage," Davide said.

"We will just await the Ombudman’s order for us to respond to the complaint. Katong kiha niya sa RTC toledo mao to ang iya opening salvo. Kani iyang kiha napud sa Ombudsman, mao ni iyang closing. Bida!” he added.

Magpale, for her part, said she will comment on the issue once she receives a copy of the complaint. — JMO (FREEMAN)