Republic of the Philippines OFFICE OF THE PRESIDENT OF THE PHILIPPINES Malacaftang Complex, J.P. Laurel Street, San Miguel, 1005 Manila City MAYOR MICHAEL L. RAMA Complainant, OP Case No. For: Violations of Administrative ~versus- Order No. 23, s. 1992, Section I(c), (e), and (h). GOVERNOR GWENDOLYN F. Oltice of the President GARCIA, ‘REPUBLIC OF THE PHILIPPINES Respondent. g <9 9 po -6004f : ~ COMPLAINT 032024-MRO-108214 I, MICHAEL L, RAMA, the incumbent Mayor of the City of Cebu (SG 30) Cebu City, Filipino, of legal age, with office address at Office of the Mayor, Ground Floor, Cebu City Hall Executive Building, M.C. Briones St., Cebu City 6000, Cebu Philippines, after having been sworn in accordance with law, hereby depose and state that: 1. _ This is an administrative case for violation of Administrative Order No. 23, series of 1992, Section I(c), (e), and (h).! 2. Respondent GWENDOLYN F. GARCIA (“Governor Garcia”) is a Filipino citizen, of legal age, and an elective public official, being the incumbent governor (SG 30) of the Province of Cebu, with office address at Cebu Provincial Capitol, N. Escario St., cor. Gov. M. Roa St., Cebu City, 6000, Cebu, Philippines, where she may be served with summons and other processes of this Honorable Office. Factual Antecedents 3. The material facts and allegations are as follows: i SECTION I. Grounds. An elective local official may be disciplined, suspended, or removed from office on any of the following, grounds: Xx ©) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty; @) Abuse of authority; xxx hh) Such other grounds as may be provided by the Local Government Code of 1991; Republic Act No. 6713: Republie Act No. 3019: Administrative Code of 1987: Revised Penal Code: and all other applicable general and special laws,The Cebu Bus Rapid Transit Project asa National ~— Government Infrastructure Project 4. One of the national government’s initiatives to provide infrastructure to the commuting public, owing to the worsening pollution problem and traffic congestion concerns,? is the Cebu Bus Rapid Transit (CBRT”) project. 5. The CBRT project encompasses 13.18 kilometers of segregated lanes with 17 stations, including one depot and one trunk terminal, stretching, from the South Road Properties (“SRP”) in Cebu City's south district to the LT. Park in the northern part of the city. 6. It must be emphasized that sometime in the year 2014, the Department of Transportation and Communications (“DOTC”; now Department of Transportation [“DOTr”]), Department of Public Works and Highways (“DPWH”), and the City of Cebu entered into a Memorandum of Understanding (“MOU”) relative to the CBRT Project? 7, Furthermore, on 28 December 2016, DOTr and the Cebu City Government executed a Memorandum of Agreement (“MOA”) also relative to the CBRT Project.* 8. As of 13 October 2023, the allocated budget for the CBRT project is pegged at Twenty-Fight Billion Seventy-Eight Million Pesos (Php 28.78 Billion) to cover seventy-six (76) stops throughout Cebu, traversing the cities of Cebu and Talisay.$ 9. If the CBRT is stopped, its objective to decongest traffic and reduce GHG emissions from which the public would benefit from would never be realized. This is on top of the public funds already spent but would only be laid to waste if CBRT remains unfinished. Package One of the Cebu Bus Rapid Transit 10. Package One of the CBRT project (“CBRT Package One”), which is currently being undertaken, spans from the Cebu South Bus Terminal Project Information Document (PID) Concept Stage, Cebu Bus Rapid Transit Demonstration Project, The World Bank, 24 January 2011 a A copy of the Memorandum of Understanding is attached hereto as Annex “A” and made an integral part hereof. . ‘A copy of the Memorandum of Agreement is attached hereto as Annex “B" and made an integral part hereof, For context, on 29 May 2014, the CBRT project was formally approved by the Philippine National Economic and Development Authority (*NEDA”) with a total project cost of Ten Billion Six Million Pesos (Php 10.6 Billion). On 22 June 2017, the NEDA Board approved a revision to the project woot, inereasing the same to Sintcen Dillion Three Million Pesos (Php 16.3 Billion), in compliance withthe Right-of-Way Act 2to the Cebu Provincial Capitol in Cebu City, covering a distance of 2.38 kilometers. 11. Incarly 2022, the DOTr published an Invitation to Bid for CBRT Package One after the Republic of the Philippines received financing from the World Bank worth Pesos: One Billion Forty-Eight Million Six Hundred Twenty-Seven Thousand Eight Hundred Fifty-Eight (Php 1,048,627,858.00).° 12. Ultimately, the project was awarded to Hunan Road and Bridge Construction Group Co. Ltd. (“Hunan”), After bidding procedures were complied with, the DOTr issued a Notice of Award on 2 November 2022 to Hunan. 13. Thereafter, Hunan entered into a Contract with the DOTr for the Construction of CBRT Package One. Correspondingly, the DOTr issued a Notice to Proceed notifying Hunan to commence work immediately upon the signature and notarization of the Contract.” By then, Hunan acquired a vested property right over the construction works of CBRT Package One, pursuant to the terms of the Contract. Governor Garcia’s unwarranted exercise of quasi-judicial powers and depriving Hunan of its property rights without due process of law 14. On 27 February 2024, Governor Garcia, in the guise of a so- called “Memorandum No, 16-2024” (“Assailed Memorandum”),® exercised adjudicatory powers and ordered Hunan to immediately cease and desist construction activities on alleged “province-owned lots” along Osmefia Boulevard. 15. ‘The Assailed Memorandum alleged that Mr. Jobers Eleazar R. Bersales (“Mr. Bersales”) opined that there are “potential violations” of Philippine heritage laws related to the CBRT as it appears to be located within the buffer zones of classic heritage zones, specifically, Cebu Provincial Capitol and Fuente Osmefia Rotunda.’ 16. The Assailed Memorandum further stated that the CBRT has violated the National Cultural Heritage Act (“NCHA”) of 2009; that Cebu Provincial Capitol is a National Historical Landmark; and that Hunan has not obtained the necessary authorization from the National Historical Commission. ® A ccopy of DOT's Invitation for Bid for Loan No. 8444-PH is attached hereto as Annex “C™ and made an integral part hereof, * Acopy of the Notice to Proceed is attached hereto as Annex “D” and made an integral part hereof. * A copy of the Assailed Memorandum is atached hereto as Annex “E” and made an integral part herent % ——Assailed Memorandum, p.17. Governor Garcia went further as to call police elements when it ordered the Philippine National Police (“PNP”) to monitor the strict implementation of the Assailed Memorandum." 18. As a result, Governor Gareia’s act deprived Hunan of its vested property rights pursuant to its Contract with DOTr. Notably, Governor Garcia does not possess such adjudicatory power to deprive Hunan of any property right with respect to CBRT Package One. 19, With these considerations, I urge the President of the Republic, His Excellency President Ferdinand R. Marcos, Jr., through the Office of the President, if it so warrants, to find Governor Garcia administratively liable under Section 1(c), (e), and (h) of Administrative Order No. 23, s. 1992, as discussed hereinbelow. GROUNDS I. Abuse of Authority under Section 1(e) of Administrative Order No. 23, s. 1992 Il. Oppression and Grave Misconduct under Section 1(c) of Administrative Order No. 23, s. 1992 as well as Conduct Prejudicial to the Best Interest of the Service. IIL. Violation of the Code of Conduct and Ethical Standards for Public Officials and Employees and the Anti-Graft and Corrupt Practices Act under Section 1(h) of Administrative Order No. 23, s. 1992. DISCUSSION I. Governor Garcia committed Abuse of Authority. 20. The foregoing acts of Governor Garcia disregarded well- established rules and defied the expressly-delineated powers reserved only to agencies of the national government, which could constitute Abuse of Authority,!! @) Exercise of judicial powers reserved to the Supreme Court 21. Verily, the power to restrain the construction of national infrastructure projects is a judicial and/or quasi-judicial function that is vested © Assailed Memorandum, p. 2. "Abuse of authority is defined as “a misdemeanor committed by a public officer, who under colo of his office, wrongfully inflict upon any person any bodily harm, imprisonment or ather injury It is an act of cruelty, severity, or excessive use of authority.” (Chua v. Cordova, AM. No, P-I9- 3960, 7 Sepiember 2020). 4only with the Supreme Court (for national infrastructure projects). Correspondingly, the adjudication of any right shall only proceed when due process has been complied with, that is, after there has been notice and an opportunity to be heard. 22. No one — including the Governor of the Province of Cebu ~ can issue cease-and-desist orders with respect to national infrastructure projects. Itis a judicial function vested exclusively with the Supreme Court.'? Sections 3 and 4 of Republic Act No. 8975 (“RA 8975”) provide: “Section 3. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary Injunctions and Preliminary Mandatory Injunctions. — No court, except the Supreme Court, shall _issue_any temporary restraining order, preliminary injunction or preliminary mandatory injunction against the government, or any of its subdivisions, officials or any person or entity, whether public or private, acting under the government’s direction, to restrain, prohibit or compel the following acts: XXX (c) Commencement, prosecution, execution, implementation, operation of any such contract or project;” “Section 4. Nullity of Writs and Orders. ~ Any temporary restraining order, preliminary injunction or — preliminary mandatory injunction issued in violation of Section 3 hereof is void and of no force and effect." 23. Aside from that, Section 58 of Republic Act No. 9184! (“RA 9184”) vests unto the Supreme Court the sole jurisdiction to issue temporary restraining orders and injunctions with respect to national infrastructure projects.!* 24. However, Governor Garcia, under the guise of a so-called “Memorandum” - exercised judicial powers despite having no authority to do so, much less adjudicate any deprivation of right against Hunan. "Dynamic Builders v. Hon, Ricardo Presbitero, GR. No. 174202, 7 April 2015, ‘ Sec, 3 and 4, RA 8975, Emphasis and underscoring supplied ' Republic Act No. 9184 - Government Procurement Act. 's REPUBLIC ACT NO. 9184, SEC. $8. Report to Regular Courts; Certiorari. ~ Court action may be resorted to only after the protests contemplated in this Article shall have been completed. Cases that are filed in violation ofthe process specified in this Article shall be dismissed for lack of jurisdiction, ‘The regional trial court shall have jurisdiction over final decisions of the head of the procuring entity. Court actions shall be governed by Rule 65 of the 1997 Rules of Civil Procedure. This provision is without prejudice to any law conferring on the Supreme Court the sole Projects of Government, (Emphasis supplied.) 525. Because of this, the long-term expansion and upgrading of infrastructure plans embodied in the country’s Philippine Development Plan (PDP) 2023-2028, the government's development blueprint for the medium term, was impeded." 26. In ordering a cease-and-desist memorandum against the CBRT project, Governor Garcia exercised judicial power, even if she is not in a position to adjudicate rights with respect to CBRT Package One. 27. Governor Garcia’s qualms about “potential violations” of CBRT Package One warrants, at most, recourse to the Supreme Court. 28. Evidently, it was not Governor Garcia’s place to issue the Cease and Desist through the Assailed Memorandum. In fact, she had no basis, much less the authority, to issue the same. 29. Thus, Governor Garcia unduly exereised adjudicatory functions that are expressly reserved by law to the Supreme Court, as discussed above. (i) Exercising powers without due regard to the Cebu City Government’s territorial jurisdiction and power of oversight ‘over the CBRT project 30. Further, Governor Garcia, in issuing the Assailed Memorandum, did not act in accordance with the Constitution.'’ Governor Garcia acted as if she had the power to supervise and dictate the Cebu City Government — a highly urbanized city'’ — in the latter’s oversight of the CBRT, a project well within the territorial jurisdiction of Cebu City and outside of Governor Garcia’s official reach. 31. On this score, the Local Government Code expressly reserves unto the President the sole power of direct supervision over local government units: “SECTION 25. National Supervision over Local Government Units. -(a) Consistent with the basic policy on local autonomy, the President shall exercise general supervision over local government units to ensure that their acts are within the scope of their prescribed powers and functions. The President shall ‘© SBUILD-BETTER-MORE® INFRA PROGRAM TO FURTHER PROPEL PH ECONOMY- NEDA, 25 July 2023, neda.gav.ph, "—Culpable violation of the Constitution is understood to mean “willful and intentional violation of the Constitution and not violations committed unintentionally or involuntarily oF in good faith or through an honest mistake of judgment.” * See Batas Pambansa Blg, 51, Section 3; Local Government Code, See. 452. 6exercise supervisory authority directly over provinces, highly urbanized cities, and independent component cities; through the province with respect to component cities and municipalities; and through the city and municipality with respect to Barangays." 32. Highly urbanized cities (“HUC”) have a distinct, separate, and independent personality from the province.”° Highly urbanized cities, thus, do not answer to the province and its officials.?! This translates to autonomy in terms of taxes, fees, and charges;”? internal revenue allotment;® share in the natural resources found within its territory;4 and, more importantly, infrastructure projects. 33. In a nutshell, Governor Garcia cannot meddle with the affairs of HUC25 As ordained by the Local Government Code, only the President, thru his direct supervisory powers, can do so. (iii) Unduly interfering with President Marcos’s infrastructure initiatives 34, Notably, President Marcos expressed that infrastructure development, including the CBRT project, remains a very high priority of his government” through the P8.3-trillion Build Better More program.” In his first State of the Nation Address” (“SONA”), President Marcos stated: “We_will_also_continue_to_improve_our_roads_and transportation systems in key cities throughout the country through various projects such as the Cebu Bus Rapid Transit, Davao High Priority Bus System, Tocos Norte Transportation Hub, and the El Nido Transport Terminal. [applause]? » LOCAL GOVERNMENT CODE, Chapter 3, Article One, Section 25, » CONSTITUTION, Art. X, Section 12 provides in part: Cities that are highly urbanized, as determined by law, and component cities winose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province. (Emphasis supplied.) % LOCAL GOVERNMENT CODE, Section 29, Article Three provides in part: SECTION 29. Provincial Relations with Component Cities and Munieipatities. - The province, through the governor, shall ensure that every component city and nvunicipality within is territorial jr acts within the scope of is prescribed powers and functions. Highly urbanized ‘cities and independent component cities shall be independent of the provinee.” (Emphasis supplied) = LOCAL GOVERNMENT CODE, Sec. 151. ® LOCAL GOVERNMENT CODE, Sec. 285. % LOCAL GOVERNMENT CODE, Sec. 292. % See Del Rosario v. Commission on Elections, G.R. No.2477610, 10 March 2020. % President Marcos President Ferdinand “Bongbong” Marcos Jr. in his State of the Nation Address (SONA) at the Batasang Pambansa in Quezon City on 25 July 2023, 7 President Marcos President Ferdinand “Bongbong” Mareos Jr. in his State of the Nation Address (SONA) at the Batasang Pambansa in Quezon City on 24 July 2023. 2% State of the Nation Address, 25 July 2022. bid, Emphasis and underscoring supplied. 735. President Marcos further committed to maintain annual spending on infrastructure at around 5 to 6 percent of GDP from 2023 to 2028, equivalent to approximately USD 20 billion to USD 40 billion per year.” 36. However, Governor Garcia failed to heed President Marcos’s policy pronouncement by issuing the Assailed Memorandum, despite having no authority to do so. Her interference with the CBRT project has left the infrastructure program in limbo, with no certainty of its status. Contrary to Governor Garcia’s stance, it is the very Assailed Memorandum which has caused an undue burden to the commuting public in Cebu. 37. Governor Garcia should be reminded that the Local vernment Code only grants her administrative powers with respect to local affairs.*' She cannot dictate the thrust of national infrastructure projects, much less impose a requirement for her to approve them prior to implementation. I. Governor Garcia committed Oppression, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service. 38. _ The foregoing acts of Governor Garcia’s are indisputably acts of oppression” grave misconduct™ and conduct prejudicial to the best interest of the service. Misconduct is grave if it involves any of the additional elements of clear willful intent to violate the law, or flagrant disregard of established rules, supported by substantial evidence." 39. Foremost, with respect to CBRT Package One, Hunan has been awarded the construction works thereof as early as 2022. By then, Hunan has acquired vested rights on the CBRT Package One, which cannot be taken from it without due process of law. 40. It is simply unthinkable for Governor Garcia to advance the afterthought that the CBRT “appears to be located within the buffer zones of classic heritage zones” without putting due regard on the property rights vested to Hunan for CBRT Package One. This offends Hunan’s right to due process. %© SBUILD-BETTER-MORE” INFRA PROGRAM TO FURTHER PROPEL PH ECONOMY- NEDA, 25 July 2023, neda.gov.ph. 2 See LOCAL GOVERNMENT CODE, Section 25. % Oppression is defined as "an act of cruelty, severity, unlawful exaction, domination or excessive use of authority. (Golangco v. Office of the Ombudsman, GR. No. 147640, 16 October 2006) » Misconduct is defined as an intentional wrongdoing or deliberate violation of a rule of law or standard of behavior. especially by a government official. (Golangco v. Office of the Ombudsman, GR. No, 147640, 16 October 2006). In grave misconduct, as distinguished from simple misconduct, the elements of corruption, clear intent to violate the law, or flagrant disregard of an established rule must be manifest. (Ofice of the Ombudsman v. PS/SUPT Espina, G.R. No. 213500, 13 March 2017) % Civil Service Commission v. Ledesma, GR. No. 154521, 30 September 2005. 841. Moreover, by taking away from Hunan its property right over CBRT Package One, Governor Garcia glossed over the clear delineated judicial functions that were not within the province of her office as Provincial Governor. Her act was masqueraded as a “Memorandum” to distract her exercise of adjudicatory functions without authority or due process of law. 42. Governor Garcia’s act is oppressive. Her “order” in the Assailed Memorandum which calls the “PNP...to monitor the strict implementation of [the] Memorandum” further shows that Governor Garcia issued the same with abuse of her authority as the Provincial Governor of Cebu. 43. It need not be said that Governor Garcia’s act of calling police elements would set a dangerous precedent and evince a chilling effect on the extent ofa provincial governor’s administrative powers over local affairs. 44, The issuance of the Assailed Memorandum by Governor Garcia stemmed from her complaining about such CBRT Project blocking the view of a portion of the facade of the Provincial Capitol Building. Nevertheless, it must also be noted that, prior to the clearing of the center islands along Osmefia Boulevard, there used to be several tall pine trees with the same height or even taller than the aesthetic canopies of the CBRT Project which undoubtedly covered or blocked the view of a portion of the said facade for several years or decades. Despite that, Governor Garcia did not have any qualms about it. 45. To recapitulate for emphasis, Governor Garcia was even present during the Inauguration of the CBRT Project together with His Excellency, President Ferdinand “Bongbong” Marcos Jr. She could have interposed her objection to the implementation of the CBRT Project prior to the start of its construction in a proper forum. But she did_not. She chose to issue the Assailed Memorandum during the implementation of said project to the huge prejudice to the above parties mentioned. 46. Governor Garcia’s objection only came when so much had already been done and the project has already caused horrendous traffic congestion. This clearly showed an exercise of Governor Garcia’s power by issuing the Assailed Memorandum without any authority to do so, enjoining a national infrastructure project and assuming authority over a government infrastructure project, of which the Province of Cebu is not even a party, outside of her territorial jurisdiction. 47. Therefore, Governor Garcia’s act of issuing the Ass: Memorandum is improper conduct. Her issuance of the Assailed Memorandum is a violation of the rule of law as well as non-observance of well-established rules.48. Further, conduct prejudicial to the best interest of the service is defined as any misconduct “which need not be related or connected to the public officer’s official functions but tends to tarnish the image and integrity of his/her public office.”** 49. Governor Garcia’s action of issuing the Assailed Memorandum constitutes conduct prejudicial to the best interest of the service because her act tarnished the image and integrity of her public office. Such act tarnished the image and integrity of her public office by showing that as a Governor, she can do anything merely based on caprices, even outside her official functions and jurisdiction. HII. Governor Garcia violated the Code of Conduct and Ethical Standards for Public Officials and Employees and the Anti-Graft and Corrupt Practices Act. (@ — Violation of Sections 4 (A) (a), (b), and (c) of Republic Act No. 6713 (“R.A. No. 6713”),*° otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees. 50. Governor Garcia, as the Provincial Governor of Cebu, is responsible for ensuring effective and efficient governance in Cebu Province under the law. However, her actions, specifically through her issuance of the Assailed Memorandum, raise serious concerns as to her adherence to professional standards outlined in Republic Act No. 6713. % Largo v. Court of Appeals, GR. No. 177244, 20 November 2007. 3 Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of offfeial duties: (a) Commitment to public interest. — Public officials and employees shall always uphold the ublic interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues. (b) Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong, perceptions of their roles as dispensers or peddlers of undue patronage. (©) Justness and sincerity. — Public officials and employees shall remain true to the people at all limes. They must act with justness and sincerity and shall not discriminate against anvone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing aets contrary to law, good morals, good eustoms, public poliey, public ‘order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strietly confidential or as members of their personal staff whose terms are coterminous with theirs. 1051. Governor Garcia chose her personal interest over public interest which is against to the standards of what is expected of her as a government official. 52. Worse, her “order” in the Memorandum which calls the “PNP...to monitor the strict implementation of [the] Memorandum” further shows that Governor Garcia issued the same without regard to public interest. 53. Governor Garcia also failed to exude professionalism as a public official. This is especially shown by her volte face stance in the CBRT project. 54. Governor Garcia foregoing acts also show a disregard of the principle of non-discrimination, causing distress and frustration to the general public, especially to the poor and underprivileged. Again, it is Governor Gareia who caused the delay over the CBRT project. Worse, she did so without any authority whatsoever. She has exhibited inequitable acts against contracting parties, wresting from them vested property rights. Verily, Governor Garcia’s acts are neither just nor sincere. 55. All considered, Governor Garcia's conduct failed to meet the standards of excellence, professionalism, intelligence, and skill expected of a public official under R.A. No. 6713. Her failure to uphold these principles not only eroded public trust and confidence in government but also jeopardizes the integrity and effectiveness of public service delivery. (ii) Violation of Section 3 (e) of R.A. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, 56. Further, the above facts and circumstances show that all the essential elements to charge Governor Garcia with a violation of Section 3(e) of R.A. No. 3019 concur, These elements are, viz: a, The accused must be a public officer discharging administrative, judicial or official functions; b, He must have acted with manifest partiality, evident bad faith or gross inexcusable negligence; and c. That his action caused any undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage or preference in the discharge of his functions.” 57. The first element is present. There is no dispute regarding the presence of this since Governor Garcia is the incumbent Governor of the 5 Cabrera v. Sandiganbayan, G.R. Nos. 162314-17, 25 October 2004, ayProvince of Cebu. Moreover, at the time of the issuance of the Assailed Memorandum, it was done in the discharge of her official functions. 58. The second element is also present. Governor Garcia is in evident bad faith.** As the Governor of Cebu Province, Governor Garcia disregarded established regulations as she knowingly exercised adjudicatory functions even if she was in no position to do so, and worse, curtailed property rights without due process of law. 59. Governor Garcia knows, or ought to know, as she has her lawyers who could have advised her, that (a) the Province of Cebu is not a party to the MOU and MOA regarding the CBRT Project Construction; (b) the CBRT Project is within the territorial jurisdiction of the City of Cebu, not of the Province of Cebu; (c) the City of Cebu is a highly urbanized and independent city, and not a component city of the Province of Cebu; (d) Governor Garcia does not have the power of control and supervision over the City of Cebu and over any of the government infrastructure projects undertaken therein; (¢) Governor Garcia does not have the authority or power to issue any order stopping any government infrastructure project; and () injunction will not lie against the said government infrastructure project except when the Supreme Court enji it. Yet, Governor Garcia still issued the Assailed Memorandum which caused the stoppage of the CBRT Project. 60. Lastly, the third element is also present. There is a clear showing that Governor Garcia had caused undue injury to countless parties, including the government. To note, her act of the Assailed Memorandum has indubitably delayed the completion of the said project to the colossal prejudice and disadvantage of the contractor, the National Government, and the Cebu City Government. 61. Worse, Governor Garcia’s failure to abide by the law and legal procedures, coupled with her instruction to the PNP to enforce the strict implementation of the cease-and-desist order, underscores her intent to pursue actions outside the bounds of her authority. 62, Additionally, the timing of Governor Garcia’s Assailed Memorandum, a year after the groundbreaking and when the CBRT is almost Sixty Percent (60%) complete as of 16 February 2024 and is scheduled to be finished by early July 2024, shows Governor Garcia’s lack of consideration for the substantial progress made and the investment already incurred. Evident bad faith connotes not only bad judgment but also palpably and patently fraudulent and dishonest purposes to do moral obliquity or conscious wrongdoing for some perverse motive or ill will. It contemplates a state of mind affirmatively operating with furtive design or with some mative of self-interest or ill will or for ulterior purposes. (Plameras v. People of the Philippines, G.R. No. 187269, 4 September 2013) 1263. The cease-and-desist order has caused undue injury” to the government. Given the significant cost of the CBRT Package One, i.e. One Billion Forty-Eight Million Pesos (Php 1,048,000,000.00), an undue intervention thereof has resulted in unspeakable financial losses for the government and a wastage of valuable resources, ultimately depriving the general public of the benefit thereof. 64. In addition, the issuance of the Assailed Memorandum had caused more inconvenience as well as traffic disorderliness affecting businesses, schools, private establishments, government offices, motorists, and pedestrians, all to the detriment of the public. Allegations in Support of Placing Governor Garcia under Preventive Suspension 65. Inarguably, the disciplinary power of the President against elective local officials stems from his power of general supervision“ over local governments." This is further cemented by his power to place elective public officials under preventive suspension under Section 2, Rule 6 of Administrative Code No. 23, s. 1992. 66. Here, the evidence of guilt is strong and present in the instant case. 67. With respect to the CBRT project, being a national infrastructure project, Governor Garcia does not have any legal authority to issue a restraining or injunctive authority over CBRT. Under the law, no court except the Supreme Court has the power to do the same. Despite that, she knew fully well that she does not have the power of control and supervision over the City of Cebu, which is a highly urbanized and independent city, and is not a component city of the Province of Cebu. 68. Hence, in issuing the Assailed Memorandum, Governor Garcia not only acted beyond her territorial jurisdiction, but also exercised authority which supposedly belongs exclusively to the Supreme Court. % “in jurisprudence, ‘undue injury’ is consistently interpreted as ‘actual damage.’ Undue has been defined as ‘more than necessary, not proper, [or] illegal’ and injury as ‘any wrong or damage of one to another, cither in his person, rights, reputation or property {that is, the] invasion of any legally protected interest of another.” Actual damage, in the context of these definitions, is akin to that in civil law." (Llorente, Jr. v. Sandiganbayan, G:R. No. 122166, 11 March 1998) © "The power of supervision means “overseeing or the authority ofan officer to see thatthe subordinate officers perform their duties.” Ifthe subordinate officers fail or neglect to fulfill their daties, the President may take such action or step as prescribed by law to make them perform their duties. oson v. Executive Secretary Torres, G.R. No, 131255, 20 May 1998) “| See CONSTITUTION, Article X, Section 4. 2 Under Section 2, Rule 6 of the Administrative Code No. 23, 8. 1992, the President, as the Disciplining Authority for elective officials, may place the latter under preventive suspension when the evidence of guilt is strong and, given the gravity of the offense, there is a great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence, 1)69. Governor Gareia indisputably has the power to influence potential adverse witnesses or tamper evidence that could incriminate her. 70. With these considerations, there is strong evidence of guilt to hold Governor Garcia criminally and administratively liable. 71, Hence, Governor Garcia, by issuing the Assailed Memorandum, has violated the Constitution, the Administrative Order 23, s. 1992, the Local Government Code, the Code of Conduct and Ethical Standards for Public Officials and Employees, and the Anti-Graft and Corruption Practices Act. 72, Frustrated with the social disturbance, economic loss, and political turmoil brought about by Governor Garcia, I respectfully invoke the President's power and duty to discipline and suspend Governor Garcia for incurring the legal violations laid down in this Complaint. 73. _ In view of the foregoing, I am compelled to respectfully request the Office of the President to: 1. Initiate a thorough and impartial investigation on Governor Garcia in relation to the charges herein against her; 2. If warranted, preventively suspend Governor Garcia to prevent the usage of her office to influence witnesses or to frustrate her prosecution or to continue committing such malfeasance and/or misconduct in office; 3. If warranted, find Governor Garcia administratively liable for violation of Sections 1 (c), (e), and (h) of Administrative Order No. 23, s. 1992; and 4, Impose other reliefs and remedies as ate just and equitable under the premises. 14ANNEX“ AL” ANNEX D2 MOU BETWEEN DOTR, DPWH & CCG MEMORANDUM OF UNDERSTANDING. Vis Stemesentn of ( oxtsaning Ustcaoe Sere a8 MOL ade a ter fee dine ve rere Nappies, sees and eng he DLEQKI MENT OF TRANSPORTATION AND COMMUNICATIONS, 4s anctumest pursue orgunved sod cuisine under the laws of the Friyyeny sulted tt he yanvary polis anni yeyamea Sseleulng ipcmeniy. fepaatng wads ative st the Fea Teak of the povermert tn the Preset, developed al regalo spel aut cea mtu apr see wel i Fst sale. efi ane rahe uanspertsion serrses. wi pe ofDoe icresy at the Coltmind Tower Orig Aven. afatgay Wack Wack, ulseeg tent beet by How JOSEPH ERMILIO XGUINAL OU. AWAY § capt meet beet teen tm DFE fe DEFAKIMENE OF FLULIC WORKS AND HIGHWAYS. ‘sverncnt depart fgasced an eating wat the tes Of Pape, i al sf Scare tna. sete hal publn. works and php the Inghes etfictens sed the mre apr ey re sewers, rice ice suber at Tom tana Drow Fors Aa, Stain reese eet WOGETIOT SINtSSON, bn he Capacy sn Sout al Beco ore BPN De CITY OF CERU, tot gncrnmet cvtaiad wal exntune under the laws al the Phippites, sats femcpa oe ablese at Cabu Cy Hal, Magallanes Si, Cae Cs egret hers hy Hon MICTIAPT | RAMA, apace ee Mayo, so heater veered a6 CCG ie Rey 0 he Ppp, tu the ALTE. ts tang wt ioe 3 Bem Rapa Toect PART Syston on Be Philippe. jansaan Wo the lana wey vf developing whan sie sgn apten Ue Hepa, ivi ist wngetay, on cotnantaly stable The ART Systow sll he Hiss wld athe Cay of Cebu, pntiding roms the City wah» transports tt hat re fenton cx ranean Yt uw dined by tesa Unter So IE U9N7), ana Lowel a he fo ponte The vehicle ented ‘atest sstwvek an! cables an adie wengachorwne wad aegtated rogram Ke tunipertee {The OPH onal hy Pesci Ont No LM CISNTL mere Keen a he PWN Chater ss pide temic! rice for the rlamimp sesgn, sence S the COG se muamba ty Kepuile At No UO, etaruane know he Been! Goverenee Cote, mr pmvde adejate Sonsini an iangerioe aciliey sh srs pe + 008955 194v "tothe exenne a smite, Oo HEC muy call eee ay apex) whose development uk tansgelaen 284m ese pak Mero paricipie ad et O vol splot fw progres he DOLE shall cumaiee wi the DISH ww te design, ate, seeker Pats ss ae, DHT soo Papin Or Si 20244 tach tea the ART Natl Swag Carmi “BRTNSC, ond Depneet Otde No 2012 which eet he FCT Nana Pam Managetoent Ofe CORT NEMO" Se ARE NS oy 6 att als seplemenition. cratered pen ‘prc the es eteatieg the tomate. Hany. tng oF ART chan plane, al 10) The BRE-SPMG 6 the primary sup office of the BINS and is maa cree the waplenenatee of al BRT plums, pobocs stands, sgulaioas and he sven mopman ot the Cate BR Syston, le siete ad ell ‘heap and spain of amp pera nd ary enon: sine sabia o remginer,mhichever maybe apices aren trifecta ysen te nce the Project et ear ha the Pret = sj if 4 Te erase assem Heme Ses ae aie See ‘soto sal Be ose wth fal eign ad ctr fe Propet (6 ortnattos Axo MaINTENANe {pun ocean ofthe dary of he Pros. the DOTC. ety ot Haag pvae scmtactie, sll setae oat tama Be oct shah 9 Sue tat te Es ‘Styetve of aac and rie tent vs met. Ts ropes ro a Te hott, eepaie, and Sune the embed Pet ata a pact lesa he Prec: a Operates sarayancn cnr an wma anagem St Canon app nd far 198The OIC shoe sano amar ts psa coats hep at wth 1s mall watts nf operational eanienarce awry at my om ve ae {CU indo comtsuents The wlade uacoieg ail the PC we any ice ce see fC tp EY py sas a gh Pb 2 The DPW shal pomay unas the evemaNY atc tks A BE hem ‘sap ale men aan at econ mers geet te DONE Ts eae fenolmg waiaccal sevice ut sparse andor mtionane art ciparng te ‘Pov She ty at eg eal wl : on spp. she OP shall a BOC ces duly devas open of tie ae ae me 3 Woe CCU shal puny unless weve miteanee works tte A IE excise rane says ang hea wae a shal exon a) pce) sed rable petal suger ue BOT oe daly doe opera ofthe Pgs, a Be te je Tue ogni ak th own anes 14 te pone pr oles eae aan an emergency eps Sh ta pa oe this purr, the CCG shal eer nso nevesnay seice Kvel gpeement sith OIC of dal deigatad perce the Pot areca my Be Hn, GENERAL PRONSIONS. en rts etre ha 9 stern hin ml ropes artes WOU Sa ry al crew oth cea Pipe La, ns al rete es meses of fin So ay pt eats Hee expt apn exten nnn ced the ate wf he aemantehd n ts IO f+ Sits {he canctaal pr slp 9 fertand someone the peers rv i graves eatocale wace pone et mplementacion a wach rove fone an he ie 1 Pate MOC aa tae tet a ate apron red a al Be he amy Be aod up Pa 199IS WETNESS HERRON he pes hee DEP AEMENT OF CRLANSPOREATION AND COMMUNICATIONS ae eaahram . 2 26- Hm Hy LA. SINGSON LE CEBU CITY GOVE RAMEN 200ACKNOWLEDGMENT KEPT NCIC UF xe PHLAPANE SH (FORE ME a Neary tubs mst petals appa the here per nat eapecoveewtnen tw) Same Wo Paani Irae On tsa aun 1 me ap be the sae portant whe exceed the eepEN? MettecuMlum a Voakestinding sneog 1) uges tang hi poge whee the howler ‘sont vse hy the prtics and ache ee Wa the ee et Fe ee de “the saneaton em Hes vey IWIESESS M0 HAND ANT/SL AE wt oe doe aa place Notes Palle ook So 201_ ANNEX“ _B” Lu eo. MEMORANDUM OF AGREENENT KNOW ALL MEN BY THESE PRESENTS: ‘This Memorancum of Acreament (MOA?) executed and entered into tid BaD Gr 2016 Po~5, ‘2016 In the City of__ by and between: ‘The DEPARTMENT OF TRANSPORTATION, a government ‘agency duly organized and existing under and by virue of laws of tha Republic of the Phaippines, with office address at ‘Avenue, Wack Wack, oer pied na) Its Secretary, ARTHUR, , nerlnfterroferred 10 as*DOTF; ‘and ‘The CEBU CITY GOVERNMENT, a local govamment unit i wilh address at Cebu City Hall, M.C, Briones, Barangay Sto. _ Nino, Cebu Gly, Pilppines, represented bythe Cy Mayor, ia TOMAS R. OSMENA, hereinafter referred to a8 "CCG"; (WITNESSETH THAT: . WHEREAS, tha Phiippino Government through tho Department of Transporation, (DOTH) has embarked upon a progtem of development and implementation of Bus Rapid Transit (GR) (the Project in the Phutppines; : WHEREAS, 9 Memorandum of Undersiandiig (MOU) was entered among DOTr, DPWH and CCG on 30 July 2014, fo cany-out a biateral oF multtateral agreement 10 ‘work together to achieve the cominon objective ofthe Project; WHEREAS, the Cobu Gily BRT projects curently undergoing Detaled Engineering Design and vill operata along & 23 km long corridor with both a dedicated transit ay‘and in mixed trafic segments (using tansit prionty and fmprovements at Intersections where possible) WHEREAS, the BRT condor wil connect Bulacao to Talamban, via Ayala Shopng Midrand cebu Ir Park, and will have statons at inthe folowing locations: ‘Cebu South Road —N. Bacalso ‘a Bulacao (terminal) Holy Rosary Greyhound Subdivision University of San Jose Recoltoe-Bacak Campus F, Wamas St : -Mambaling Elementary Schoo! ‘Cobu instute of Technology ; ‘Salazar Institute of Technology _ V. Rama Avenue ; ‘2 Cebu South Bus Tarminal q ena Boulevard eoocccon 16 008976 anned by CamScanner‘Cebu Normal University Uytengsu St Fuente Cirle Cebu Doctors Hospital 3 Gorords Avenue 1 Ayala Center Cebu ‘etbishop Reyes Avenue — Gov. M Cuenco Avenue Barangay Luz © Sains Drive 2 Cebu Astatown LT. Park 8 Paradise Vago o Baniad 2 AS. Fortuna St 12 University of San Carlos —Talamban Campus 2 ML Quezon St 1 Gasano Totanban 2 Talamban (termina) ‘Soul Road Properties (SRP) SRP 1 ‘SRP 2 SRP 3 SRP 4 ‘SRP 5 SRP 6 WHEREAS, inere 1s 2 need for road widerng at the station location and neon ‘segments along the corridors conskiering the lmiaions of road wieth In the area; WHEREAS, the DOTr has identified the Patcellary Plan is hereby attached and ‘Agreement; i : i gz r i ae WHEREAS, the funding requitement for the Cebu BRT project is sourced from World Bank Loan No, 8444-PHIClean Technology Fund Loan No. TFO17646, AFD thru DOTr under the ‘Agreement No, GPH 1007 02 R and the Phiippine goverment General Appropriations: Act; WHEREAS, under the said Ioan agreement wih the World Bank, DOTr has to put up funds thru tho General Appropriaioris Act (GAA) forthe acquisition of fats, payments (of improvements, resettlement and income losses; nned by CamScanneri a g [Osim cceaveny covenant Os ata for Cc @ . WHEREAS, the properties ore composed of National Road located in Cebu City Which are under the jurisdiction ofthe DPWH; tompt conan of ts Cebu ERT pct oy gating DOT no posession an alton of the Cebu BRT 1 posses: Tight to use the above described portions of the National Road (the “Right of Way"), NOW THEREFORE, for and in consideration of the foregoing, and the tems and conditions hereinafter sot forth, the Partles hereby agree end declare as follows: 1. The DOTY shal, ‘4. Allocate and obligate avallable funds to cover the. cast of tot acquisition for Tight of way of tho Cobu BRT project, including relocation of displaced + landowners, residents, tenants and dwellersfinformal setters; ere ee ee eos ‘and resotleiehtoFrelocation of Setters. however, said ye, made In.tranches: 1st tranche 60%; 2nd tranche 30% and eeding fund transfer is to be released upon liquidation funds; . requirements as may be required by the i Be fa soon dr ups een fa E erm, caances an creates ae sacred agencies. it shall also ensure that the lots i fo dipeain an prope rcaasied, iistaipts tor the funds transferred by the DOTr and deposit, fo: the authorized govemment depositary bank. Keap 3C ® separate subsidiary and record forthe trust lability and ullize the same for - the intended purpose; {Undertake to source-out locaton of ft for resettlement purposes and other Improvements therein; {2 Implement and complete the acquistion of lots at the earest possible time ‘and in the mst expeditious manner In abeordance with law, roles and regulations yp as other laws governing land acquisition; h, Gause and he tonster ofthe tila ofthe properties acquired inthe name ofthe DOT, forward al Transfer Certiicate of Tite (TCT) to DOTS, if ‘Submit 2 monthly accomplishment report on the status of the funds uliizaion 4 ‘and progress of work to DOTr through lis Project Implementation Unit (PIU); over printed ae) h Saba ‘Accountant appfoved by Head of implementing Office. 1M, Allocation and transfer of funds cee Mayor & g E i & ‘This Agreement may be terminated through mutual consent : upon breach of any ofthe provisions herein. balla neared § ) BA, Vi Mutual Cooperation § The paitic, shall mutually cooperate with each oter to of "MOA, ‘and the performanca by each of the Parties of ther respective. objectives of Vit. Amendments. ‘The partles may at any time amend any provisions of, or execute this ‘provided that ‘Amendment or su 2 supplement to, ‘ing nd Sond ye arios oe ceion, PPMmeNE! shall bo made In 4 anned by CamScanner« e 1% Etfoctivty “This MOA shall eke offect immediately upon signing by the Patios. IN WITNESS WHEREOF, tho Parties havo signed this DOTr and GCG, ‘Memorandum of Agreement under the hand of thelr duly authorlzed representative ‘at the date and place frst above writen, DEPARTMENT OF TRANSPORATION (CEBU CITY GOVERNMENT (porn (eee) ofr 6, SIGNED IN PRESENGE OF. ravitiGu by Vairrocenner——————- _——C e Republic of the Philippines City: praahleAdhsced ACKNOWLEDGMENT 1 ay BEFORE ME, a Notary Public for ad in he above juisdcion, wi? B_ BE oP 2 COTG, porsonaly appeared the folowing exhibking Yo me Heir ‘Government Faved Identieaon: Name Issued 1D Dato of Expy Govereent| ogo! WS, ECOG _Ghoan - 1019. ARTHUR P. TUGADE wie. TOMAS R. OSMERA DFA Rasptt No.8 7866708 [Apel - 2018 execaited the foregoing ‘noun tomo and to me krawn to bo ha sane parse Wr ngeetes teat WITNESS MY HAND AND waiten. BU CIEY GOVERNMENT. (CB coe Mayor aE "4 nned by CamScannerANNEX“ _C_” Department of Transportation Republic of the Philippines Invitation for Bid PHILIPPINES CEBU BRT PROJECT LOAN No.: 8444.PH Contract Title: Package- 1: Works Capitol to Cebu South Bus Terminal (CSBT), Urban Realm Enhancement (Link to the port) ‘The Republic of the Philippines has received financing from the World Bank toward the cost of the Cebu ‘Bus Rapid Transit Project and intends to apply part of the proceeds with a sum of One Billion forty eight million six hundred twenty seven thousand eight hundred fifty eight Philippine pesos (PHPI,048,627,858.00) toward payments under the contract for Package 1: Works Capitol to Cebu South Bus Terminal (CSBT), Urban Realm Enhancement (Link to the port) along Osmena Blvd. ‘The Department of Transport through the Procurement Service — Department of Budget and Management now invites sealed bids from eligible bidders forthe hereunder Works: Name ofContract : —Package- 1: Works Capitol to Cebu South Bus Terminal (CSBT), Urban Realm Enhancement (Link to the port) Contract ID No. DOTr-CBRT-CW1 Location 2 Cebu City Construction of the BRT infrastructures (trunk lines, sidewalk improvement, stations and other appurtenances) from Capitol to CSBT including urban realm enhancement (link to the port) along Osmena Blvd. PHPI,048,627,858.00 ‘Three Hundred Sixty-Five (365) calendar days Scope of Works Engineers’ Estimate Contract Duration Bidding will be conducted through the Intemational Competitive Bidding procedures as specified in the World Bank’s Guidelines: Procurement of Goods, Works and Non-Consulting Services under IBRD Loans and IDA Credits & Grants by World Bank Borrowers dated January 2011 (“Procurement Guidelines”), and is open to all eligible bidders as defined in the Procurement Guidelines. In addition, please refer to paragraphs 1.6 and 1.7 setting forth the World Bank’s policy on conflict of interest. Interested eligible bidders may obtain further information and inspect the bidding documents during, office hours (0900 to 1700 howrs) at the address given below. ‘A complete set of bidding documents in English may be purchased by interested eligible Bidders starting, 02 February 2022 upon the submission ofa written application to the address below and upon payment of ‘a nonrefundable fee of $250.00 or PHP 12,000.00. The method of payment will be in the form of cash or a Bankee’s check pavable to the “Procurement Service”. The document will be sent by airmail for overseas delivery and surface mail or courier for local delivery. ‘The Bidding Documents can also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PHILGEPS) and the website of DOTr athitpvAvww.dotr.gov.ph provided the Bidders deposit the non-refundable fee for the Bidding Documents not later than the deadline for submission of bids. Bidders may request for clarifications, in writing, on the Bidding Documents on or before 24 March 2022, ‘Any amendments to the Bidding Documents shall be issued by the Bids and Awards Committee through Bid Bulletins not later than 28 Mareh 2022, Bids must be delivered to the address below on or before 04 April 2022; 10:00 AM. Electronic Bidding submission will not be permitted. Late bids will be rejected. Bids will be publicly opened in the presence of the Bidders’ designated representatives and anyone who choose to attend at the address below on 04 April 2022; 10:00 AM. All Bids must be accompanied by @ Bid Security in the amount and form indicated in the Bidding Documents ‘The address referred to above ‘The Chairperson Bids and Awards Committee IX Procurement Service PS Complex, RR Road, Cristobal Street Paco, Manila Philippines ‘Telephone: 8290-6300 loc 8031 E-mail address: pd6@ps-philgeps.gov.ph ‘Web site: ps-philgeps.gov.ph ChairpersOn, Bids and Awards Committee IXANNEX iy D 8 Republic of the Philippines DEPARTMENT OF TRANSPORTATION NOTICE TO PROCEED CIVIL WORKS PACKAGE 1 FOR CEBU BUS RAPID TRANSIT 16 December 2022 MS. GUO YANGXIAO General Manager Hunan Road and Bridge Construction Group ‘Company Ltd No. 239-South Shaoshan Road, Yuhua District Changsha City, Hunan Province, China Dear MS. GUO, Pursuant to your Contract for the Construction of Civil Works Package 1 with the Department of Transportation, you are hereby notified to commence work immediately upon the signing and notarization of the contract. The time for the completion of the contract is set forth therein which shall be terminated at the expiration of the said period, unless earlier terminated by the DOTr upon thirty (30) day notice in advance ‘Thank you Very truly yours, tema KIM ROBERT C, DE LEON Undersecretary for Administration and Finance, Head of the Procuring Entity CONFORME: MS. GUO VANGXIAO, Date: pec. 1}, wv 1 i T i PINATUBO CORNER OSMENA ROAD TELEFAX: (632) 726.7229 “TRUNKLINE:79018300/750.8100 DOTr ACTION CENTER HOTLINE?#) IANNEX “ ES u Republic of the Philippines Province of Cebu OFFICE OF THE GOVERNOR MEMORANDUM NO. 16-2024 ATTENTION : HUNAN ROAD AND BRIDGE CONSTRUCTION GROUP LTD ce : ENGR. NORVIN IMBONG CEBU BUS RAPID TRANSIT TEAM PHILLIPINE NATIONAL POLICE. (PNP) SUBJECT CEASE AND DESIST ORDER FOR CONSTRUCTION OF BUS STATIONS ALONG OSMENA BOULEVARD This Memorandum is issued to inform Hunan Road and Bridge Construction Group LTD (hereinafter referred to as “Hunan”) of the IMMEDIATE CEASE AND DESIST ORDER (CDO) for construction activities on province-owned lots along Osmena Boulevard. On 27 February 2024, Mr. Jobers Eleazar R. Bersales, a member of the National Commission on the Culture and the Arts (NCAA) Advisory Board, informed the undersigned of potential violations of Philippine heritage laws related to the Bus Rapid Transit Project construction on province-owned lots along Osmena Boulevard. The project appears to be located within the buffer zones of the Cebu Provincial Capitol and Fuente Osmena Rotunda, both of which could easily qualify as classic heritage zones. Findings: 1, Violation of the National Cultural Heritage Act of 2009 (R.A. No. 10066): This law mandates the protection of structures older than 50 years old and requires authorization from the National Historical Commission of the Philippines (NHCP) for any construction within designated buffer zones.2. Cebu Provincial Capitol Status: The Cebu Provincial Capitol holds recognized status as a National Historical Landmark and possesses Grade 1 Level Heritage Structure classification, This clevated status entails stricter protection measures under R.A. No. 10066. 3. Missing NHCP Authorization: Our records and inspection confirm that Hunan Road and Bridge Construction Group LTF has not obtained the necessary authorization from the NHCP for construction activities on the aforementioned lots. This constitutes a clear violation of R.A. No. 10066. Based on the aforementioned findings, Hunan Road and Bridge Construction Group LTD is hereby directed to immediately CEASE AND DESIST from any further construction activities on province- owned lots along Osmena Boulevard. This Memorandum takes effect immediately upon its issuance and remains in effect until further notice. The PNP is tasked to monitor the strict implementation of this Memorandum. FOR STRICT COMPLIANCE 27 February 2024, Cebu Provincial Capitol, Cebu City.