The Cebu Provincial Board (PB) authorized Governor Gwendolyn Garcia to pay over P6 million to Supreme ABF Construction and Construction Supply Company Inc. for the supply and delivery of the backfilling materials for the land development project in Tinaan, City of Naga.
Second District Board Member Edsel Galeos, who penned the resolution, asked the PB to authorize Garcia to pay the said contractor for the 27,683 cubic meters of filling materials amounting to P6,881,440.14 which remains due and demandable.
“The subject resolution basically provides authority to the provincial governor to settle the outstanding amount for the valuable services rendered by Supreme ABF to the Province of Cebu. This is based on quantum meruit doctrine which provides for the payment of valuable services rendered by the contracting party to the Local Government Unit,” said Galeos during the PB session on Monday, August 24.
Since there was no legal impediment in paying the contractor, Galeos moved for the approval of the said resolution.
First District Board Member Yolanda Daan, the presiding officer, approved the resolution.
During Garcia's previous term in 2010, the Capitol initiated a land development project in Barangay Tinaan after it purchased the 18-hectare Balili property.
Galeos said Supreme ABF Construction and Construction Supply Company Inc. was awarded the contract to supply and deliver the needed volume of filling materials.
However, this was questioned when a complaint was filed before the Office of the Ombudsman-Visayas because of the alleged absence of prior authority from the PB to enter into a contract to acquire the filling materials.
The Court of Appeals has since dismissed the case.
Galeos said based on the Office of the Ombudsman’s resolution and decision, it found "no legal impediment” for the Province to pay its obligation to Supreme ABF Construction and Construction Supply Company Inc., thus seeking approval for his penned resolution.
“The bidding is above board. Page 13 paragraph 3 of OMB-V-A-13-0214 Decision held that the Bids and Award Committee validly declared ABF Construction as the winning bidder,” he stated.
Moreover, Galeos highlighted that based on the Office of the Ombudsman’s resolution, the price of the contract was not bloated.
“Aside from the fact that there was no COA finding that there was indeed overpricing, (there was) proof that the price stipulated in the contract with ABF Construction is even cheaper than the prevailing market price and the price paid by the government in similar project implemented by the DPWH,” Galeos quoted the Ombudsman's resolution. (Mylen Manto)