Monday, January 28, 2008 Nalzaro: A lesson to be learned By Bobby Nalzaro Saksi
“DON’T trust public officials.”
These words should always be instilled in the minds of government contractors and suppliers. What happened to WT Construction and the Provincial Government is a classic example of negating one’s promises on the part of government officials over trust and confidence on the part of the private sector.
I cannot believe that WT Construction, which has been in the business of engaging in government contract for quite some time, will implement additional work in the controversial Cebu International Convention Center (CICC) without contracts and notice to proceed. Nagtug-tug sila sa pansitan.
I don’t want to dwell on the merits of the case because it’s already pending in court and I don’t want to be charged with sub judice, but I can only surmise that if these things happened, WT Construction was a victim of sweet promises by someone in power at the Capitol. Who ordered them to implement the works even without contract? And why did the construction firm agree to implement additional works that P261 million without putting these in black and white?
The company, in its petition for collection of sum, did not even specify who ordered them to proceed with the works. They only ought to collect the amount for the additional works they implemented on the CICC. Yes, the convention center would not have been completed without the additional works, like architectural design, plumbing and others. But relying on verbal instructions alone.
Who gave the orders? The governor? Why did the company implement the works without a contract? Were they afraid of being bad-mouthed by the governor? Did the governor promise to settle the matter upon completion of the project? WT Construction, having been in business for so long, should know the rules and regulations of the Commission on Audit (COA), as far as government contracts are concerned. Na-shot sila sa taru.
There are theories that the court action of WT Construction against the Capitol is a scripted one. Meaning, they have an agreement to go to court to force the Capitol to honor whatever verbal agreement between the contractor and whoever ordered the former to implement the additional works. In this case, the Provincial Government can no longer be liable for illegal disbursement of funds because of a court order. That’s if the court will favor the petition of the construction firm. That court order will also bolster the allegations that the building is overpriced. But if not. Aw, zero.
At present, the Capitol cannot honor that verbal agreement with WT Construction, granting that there was an arrangement, because of lack of contract. Besides, the Provincial Government cannot also pass a supplemental budget intended for that purpose as they can be questioned by COA.
If the claim of WT Construction is true, I can only sympathize with its owners. Yes, they should have been rewarded for undertaking additional works for the completion of the CICC whose construction was rushed because of the Asean summit. The company helped build the edifice, which is now considered as a landmark of Cebu, by acceding to the request of the powers that be at the Capitol.
But now it’s the other way around. The company appears to be begging. Kalooy pod. But it’s a lesson to be learned.
