CEBU Gov. Pamela Baricuatro is facing a fresh complaint before the Office of the Ombudsman-Visayas after former Capitol consultant Byron Garcia accused her of authorizing a P2.6 million renovation project at the Provincial Capitol without securing the required clearance from the National Historical Commission of the Philippines (NHCP), in violation of cultural heritage law.
Garcia, brother of former governor Gwendolyn Garcia, who lost to Baricuatro in the May 2025 elections, filed the criminal complaint affidavit on Friday, Dec. 5. He cited violations of Republic Act (RA) 10066, or the National Cultural Heritage Act of 2009, and RA 3019, or the Anti-Graft and Corrupt Practices Act.
The complaint said the Capitol is a Status I National Historical Landmark, designated by the NHCP under Resolution 11, series of 2008. As such, any demolition or alteration requires prior written clearance from the NHCP. Garcia alleged that Baricuatro proceeded with the “renovation of new governor’s office, Capitol main building,” which reportedly involved the demolition of ceiling, roof and walls, without securing the mandatory Heritage Permit or Clearance.
Under Section 48(b) of RA 10066, unauthorized alteration or demolition of a heritage site is punishable by a fine of not less than P200,000, imprisonment of not less than 10 years, or both.
Garcia also raised possible graft violations under RA 3019. He said Baricuatro signed the Approved Budget for the Contract (ABC) worth P2,612,888, which was also the awarded contract price given to Emiliano Tadeo D. Ruiz Jr., proprietor of Ten Twenty-Allen Developers.
He alleged violations of Section 3(e), which punishes acts of undue injury or giving unwarranted benefits through bad faith or gross negligence, and Section 3(g), which penalizes contracts grossly disadvantageous to the government.
Third complaint
This is the third complaint Garcia has filed against Baricuatro in recent weeks.
On Nov. 21, he accused her of unlawfully wearing a Special Weapons and Tactics uniform in a publicly posted photograph, citing Article 179 of the Revised Penal Code.
Then, on Dec. 1, Garcia submitted an administrative complaint over Baricuatro’s statements on a proposed sea-ambulance project. He alleged that she misled the public by claiming the Province owned the sea ambulance when it was merely a prototype on loan. He said this violated the Code of Conduct and Ethical Standards for Public Officials and Employees.
In his latest filing, Garcia urged the Ombudsman to initiate criminal and administrative proceedings against Baricuatro for grave misconduct, abuse of authority, conduct unbecoming of a public official and conduct prejudicial to the best interest of the service. / CDF