Capitol may sue Gwen, force her to pay firms

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Tuesday, January 14, 2014


GOV. Hilario Davide III said he will not pay contractors whose contracts have not been ratified by the Provincial Board (PB).

He said he is willing to face charges that the contractors might file to collect payment from the Provincial Government.

Davide said the contractors have the prerogative to sue the Capitol.

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The Province, he said, will then be forced to file a third party complaint against former governor Gwendolyn Garcia.

Third party

“The Province will file a complaint against the third party to answer the claim of the plaintiff (contractor),” said Davide.

So that the projects would not go to waste, Davide said the Capitol will find a way to complete the Danao City and Balamban hospitals.

Provincial Accountant Marieto Ypil earlier said the Provincial Government owes P607.239 million to 31 contractors of various projects. Provincial Engineer Hector Jamora said P250 million worth of projects have been completed and payment to their contractors can be considered “demandable.”

But Davide said two of these projects—the P63.659-million Balamban Provincial Hospital by WTG Construction and Development Corp. and the P97.8-million Danao Provincial Hospital by the Supreme ABF Construction--have not been ratified by the PB.

“Ako'y kataw-an sa pikas kun bayran (My political opponents will laugh at me if we pay),” he said. “This is their (previous administration) fault. Kita'y pabayron sa ilang mga faults (They want us to pay for their mistakes).”

Violation

He said the previous administration violated the Local Government Code by proceeding with the projects without approval of the PB.

“The Local Government Code is emphatic. Any contract entered into by the local government unit requires the approval of the legislative body," he said.

He said that to ratify the contracts for the projects would be “like condoning an illegal act.”

Davide said during a press conference yesterday that because the projects did not follow procedure, payments made to contractors will likely be questioned by the Commission on Audit.

Willy T. Go, contractor of Balamban Provincial Hospital, told Sun.Star Cebu that he will request the PB to ratify his firm’s contract as the facility is already 97 percent complete.

Asked about the governor’s decision, Go said he will give the Capitol a chance and see how the matter can be remedied.

Sun.Star Cebu called Bernabe Gilbor, chief operation officer of ABF Supreme, but he could not be reached for comment.

Published in the Sun.Star Cebu newspaper on January 15, 2014.

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