LOWER GROUND FLOOR PLAN (Area=8,058.42 sq. m.

)
UPPER GROUND FLOOR PLAN (Area=8,968.36 sq. m.)
SECOND FLOOR PLAN (Area=5,256.66 sq. m.)
 TOTAL FLOOR AREA
DESCRIPTION QTY LENGTH (m) WIDTH (m) AREA (m²)
A. LOWER GROUND FLOOR PLAN 8,058.42
B. UPPER GROUND FLOOR PLAN 8,968.36
C. SECOND FLOOR 5,256.66
D. ROOF DECK 2,052.04
E. GUARD HOUSE 1 1.60 1.60 2.56
F. PUMP ROOM 1 4.00 4.75 19.00
G. MEZZANINE @ PLENARY HALL 1 14.00 2.00 28.00
1 5.60 10.50 58.80
H. POWER HOUSE 1 8.00 12.00 96.00
I. CANOPY 1 18.00 25.00 450.00
1 13.50 5.41 73.04
1 13.50 23.80 321.30
1 1.90 9.62 18.28
J. HELIPAD 1 17.00 17.00 289.00
TOTAL 25,691.45
ADDITIONAL CLAIMS OF
WT CONSTRUCTION
UNDER LITIGATION

P261,217,866.66
 “WT CONSTRUCTION, INC. vs. PROVINCE OF CEBU”
(Civil Case No. CEB-34012 For: Sum of Money)

This is a case for Sum of Money filed by plaintiff WT

Construction, Inc. against defendant Province of Cebu for the
payment of its alleged extra works, in the total amount of
P261,217,866.66 plus interests, damages, litigation
expenses and attorney’s fees, in connection with the
construction of the Cebu International Convention Center
(CICC) owned by defendant Province of Cebu.
 CASE STATUS

Still pending before the Regional

Trial Court, Branch 6, Cebu City.
 Total Land Area = 4.1 has

Source of Fund: DBP Loan (P 475 M)

Pre-Planning & Engineering Design 12,299,966.40

Demolition of Existing Structures 453,750.00
Site Development Works 65,830,994.38
Hotel Building 223,955,301.82
Convention Center (flr. area = 2,095 sq. m.) 59,011,386.61
Dormitories 33,390,888.46
Entrance Pavilion 2,322,102.36
Chapel 5,640,553.41
Multi-Purpose Area 581,371.73
Kiosk 6,512,564.83
TOTAL 409,998,880.00
 ITEMS CICC INHCC
Foundation Concrete Piles w/ Spread footing w/
tie beam tie beam
Building Structural steel Conventional
Structure reinforced concrete
Elevator 4 0
Escalator 2 0
Helipad 1 0
Backup
2,000 kva 0
Generator Set
Centralized Air-
1 1
conditioned
Fire Alarm
1 1
System
Closed Circuit
Television 1 1
(CCTV) System
Public Address/
Background 1 1
Music
 ITEMS CICC INHCC

BUILDING STRUCTURE
Total Land Area 4.3 has 4.1 has
No. of Storeys 3 1
Total Floor Area 25,691.45 sq.m. 2,095 sq.m.
Total Cost 779,527,113.65 71,311,353.01
Cost per sq.m. 30,341.88 34,038.83

SITE DEVELOPMENT
Total Area 34,216.66 sq. m. 29,158 sq. m.
Total Cost 55,000,253.00 65,830,994.38
Cost per sq.m. 1,607.41 2,257.73

Completion 8 mos. 2 yrs.

Period 05/’06 – 12/’06 12/’06 – 12/’08
Construction Cost Handbook Philippines 2006 by
“Davis Langdon & Seah”

PESO/m²
DESCRIPTION BUILDING SERVICES TOTAL
DOMESTIC
Average standard apartments, high 22,300 – 23,500 4,550 – 7,100 26,850 - 30,600
rise 26,400 – 28,200 7,450 – 11,700 33,850 - 39,900
Luxury apartments, high rise 15,000 – 18,000 2,100 – 2,970 17,100 - 20,970
Town houses 27,000 – 32,200 6,200 – 9,950 33,200 - 42,150
Individuals prestige houses
OFFICE/COMMERCIALS
Average standard office, high rise 20,000 – 22,000 7,400 – 9,550 27,400 - 31,550
Prestige office, high rise 21,000 – 23,000 8,600 – 13,300 29,600 - 36,300
Shopping Centers 11,000 – 12,000 6,400 – 10,400 17,400 - 22,400
OTHERS
Carparks, above ground 8,800 – 10,200 3,100 – 4,900 11,900 – 15,100
Construction Cost Handbook Philippines 2006 by
“Davis Langdon & Seah”
PESO/M²
TOTAL ELECTRICAL MECHANICAL FIRE LIFTS / PLUMBING
DESCRIPTION
SERVICES SERVICES SERVICES SERVICES ESCALATOR SERVICES
DOMESTIC

Average standard 4,550 - 7,100 2,500 - 3,100 - 450 - 750 600 - 1,500 1,000 - 1,750
apartments, high rise
7,450 - 11,700 3,000 - 4,100 1,900 - 2,950 450 - 750 800 - 1,500 1,300 - 2,400
Luxury apartments, high
rise 2,100 - 2,970 ,400 - 1,770 - - - 700 - 1,200

Town houses 6,200 - 9,950 1,700 - 3,500 2,100 - 2,750 - - 2,400 - 3,700

Individuals prestige houses

OFFICE/COMMERCIALS

Average standard office, 7,400 - 9,550 2,500 - 3,000 2,100 - 2,650 500 - 700 1,600 - 2,200 700 - 1,000
high rise
8,600 - 13,300 2,800 - 4,900 2,400 - 3,250 500 - 700 1,900 - 2,900 1,000 - 1,550
Prestige office, high rise
6,400 - 10,400 2,600 - 3,800 2,100 - 3,200 450 - 650 700 - 1,700 550 - 1,000
Shopping Centers

OTHERS

Carparks, above ground 3,100 – 4,900 1,100 – 1,650 - 400 - 650 1,100 – 1,700 500 - 900
Using the Construction Cost Handbook Philippines 2006
by “Davis Langdon & Seah”
PESO/m²
DESCRIPTION BUILDING SERVICES TOTAL COST
Cebu @ 20,000 – @ 7,400 – @ 27,400 –
International 22,000 9,550 31,550
Convention 513,800,000 – 190,113,400 – 703,913,400 –
Center (CICC) 565,202,000 245,349,050 810,551,050
Floor Area =
25,691
Carparks @ 8,800 – @ * 1,100 – @ 9,900 –
ground level 10,200 1,650 11,850
Area = 34,216 301,100,800 – 37,637,600 – 338,738,400-
349,003,200 56,456,400 405,459,600

OVERALL 814,900,800 – 227,751,000 – 1,042,651,800 –

TOTAL 914,205,200 301,805,450 1,216,010,650

* On carparks, only electrical services where considered

Based on the Certification of Peter Hackman,
Director of Davis Langdon & Seah Philippines,
Inc.

The prevailing unit rates for the following construction

projects:

Total Floor Area of CICC 25,691 sq.m.

Cost per sq.m. Php 26,900.00 to Php 33,150.00
Total Cost of CICC Php 691,087,900.00 to
Php 851,656,650.00
Note: Excluding Carpark
Excluding Carpark
LOWEST BIDDER
WHY REVISE THE CICC
FOUNDATION?
The following are justifications and
comparative analysis of the change in
foundation design from the original mat
foundation design of the Megadome to
the new Cebu International Convention
Center (CICC); to wit:
 SUBSTRUCTURE COMPARATIVE ANALYSIS
CICC DESIGN
1. Pile Foundation
2. No dewatering, no deep excavation, no
slope protection, no disposal of soil and
water
3. Not costly; simpler construction; low
risk; shorter construction time
4. Environmentally friendly; no damage to
adjacent utilities, roads, structures
5. More noise due to piling works
6. In summary, lesser cost, faster and
simpler construction, environment
friendly
MEGADOME DESIGN
1. Mat (Ring) Foundation at 6 meter in depth
2. Requires massive dewatering; massive
water disposal thus environmentally
harmful and expensive
3. Requires large deep excavation; massive
soil disposal; environmentally harmful,
expensive; equipment extensive
4. Requires large excavation slop protection,
very expensive; risky; takes very long
time
5. Likelihood of damage to adjacent
lots/utilities/road if slope protection fails or
ineffective, or due to dewatering process
6. Less noise
7. In summary, very expensive, more
complicated, takes longer construction
duration; environmentally harmful
ALLOCATION = P100,000,000.00
ORIGINAL DESIGN CONTRACT = P 84,487,185.65
(MATTING FOUNDATION)
REVISED DESIGN = P 59,611,997.92
(CONCRETE PILES)
SAVINGS = P 24,875,187.73
 Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second

day of July, two thousand two.

Republic Act No. 9184 January 10, 2003

AN ACT PROVIDING FOR THE MODERNIZATION,
STANDARIZATION AND REGULATION OF THE PROCUREMENT
ACTIVITIES OF THE GOVERNMENT AND FOR OTHER PURPOSES
 ARTICLE XVI
ALTERNATIVE METHODS OF PROCUREMENT

Section 48. Alternative Methods. - Subject to the prior approval of the Head
of the Procuring Entity or his duly authorized representative, and whenever
justified by the conditions provided in this Act, the Procuring Entity may, in
order to promote economy and efficiency, resort to any of the following
alternative methods of Procurement:

a. Limited Source Bidding, otherwise known as Selective Bidding - a

method of Procurement that involves direct invitation to bid by the
Procuring Entity from a set of pre-selected suppliers or consultants with
known experience and proven capability relative to the requirements of a
particular contract;

e. Negotiated Procurement - a method of Procurement that may be resorted

under the extraordinary circumstances provided for in Section 53 of this
Act and other instances that shall be specified in the IRR, whereby the
Procuring Entity directly negotiates a contract with a technically, legally
and financially capable supplier, contractor or consultant.
In all instances, the Procuring Entity shall ensure that the most
advantageous price for the government is obtained.
Section 49. Limited Source Bidding. - Limited
Source Bidding may be resorted to only in any of
the following conditions:
b. Procurement of highly specialized types of
Goods and Consulting Services which are
known to be obtainable only from a limited
number of sources; or

b. Procurement of major plant components where

it is deemed advantageous to limit the bidding to
known eligible bidders in order to maintain an
optimum and uniform level of quality and
performance of the plant as a whole.
Section 53. Negotiated Procurement. - Negotiated Procurement shall
be allowed only in the following instances:
a. In case of two (2) failed bidding as provided in Section 35 hereof;

b. In case of imminent danger to life or property during a state of

calamity, or when time is of the essence arising from natural or man-
made calamities or other causes where immediate action is
necessary to prevent damage to or loss of life or property, or to
restore vital public services, infrastructure facilities and other public
utilities;
c. Take-over of contracts, which have been rescinded or terminated
for causes provided for in the contract and existing laws, where
immediate action is necessary to prevent damage to or loss of life or
property, or to restore vital public services, infrastructure facilities
and other public utilities;
Section 53. Negotiated Procurement. - Negotiated Procurement shall
be allowed only in the following instances:
d. Where the subject contract is adjacent or contiguous to an on-
going infrastructure project, as defined in the IRR: Provided,
however, That the original contract is the result of a Competitive
Bidding; the subject contract to be negotiated has similar or related
scopes of work; it is within the contracting capacity of the
contractor; the contractor uses the same prices or lower unit prices
as in the original contract less mobilization cost; the amount
involved does not exceed the amount of the ongoing project; and,
the contractor has no negative slippage: Provided, further, That
negotiations for the procurement are commenced before the expiry
of the original contract. Wherever applicable, the principle shall also
govern consultancy contract, where the consultants have unique
experience and expertise to deliver the required service; or,
e. Subject to the guidelines specified in the IRR, purchases of Goods
from another agency of the government, such as the Procurement
Service of the DBM, which is tasked with a centralized procurement
of commonly used Goods for the government in accordance with
Letters of Instruction No. 755 and Executive Order No. 359, series of
1989.
While Art. 54.1 of the IRR of RA 9184, on splitting of
contracts, provides as follows:

“Splitting of Government Contracts is not allowed. Splitting

of Government Contracts means the division or breaking
up of Government Contracts into smaller quantities and
amounts, or dividing contract implementation into artificial
phases or sub-contracts for the purpose of evading or
circumventing the requirements of law and this IRR-A,
especially the necessity of public bidding and the
requirements for the alternative methods of procurement.”
In the First Place, there is no division or breaking up of
Government Contracts into smaller quantities and
amounts or dividing contract implementation into
artificial phases or sub-contracts.

As earlier shown, as far as the CICC is concerned, there

is no single contract covering its procurement or
implementation. Since there is no single contract, there
could not be any splitting of said single contract.

There is also no division of contract implementation into

artificial phases or sub-contracts because individual
contracts were entered into with the concerned
suppliers or contractors, which contracts are not
artificial or sub-contracts.
In the Second Place, there is no evading or
circumventing of the requirements of law, especially the
necessity of public bidding and the requirements for the
alternative methods of procurement.

It is of note that, as earlier shown, bidding, although

limited ones, were conducted by the Province of Cebu in
the procurement of said items / works.

Besides, the requirements, as provided under Section 48

(a), in relation to Section 49 of Republic Act (RA) No.
9184 and its Implementing Rules and Regulations (IRR),
for Limited Source Bidding, as an alternative method of
procurement, have been duly complied with, as shown in
the report in this regard.
SAMPLE COMPUTATION:
SPECIALTY CONTRACTOR/SUPPLIER (KPI ELEVATOR, INC)
TOTAL COST = P 7,270,140.00
Breakdown:
Basic Equipment = P 5,310,140.00
Installation & Locally supplied Materials = P 1,960,000.00
(12% VAT Inclusive) ----------------------
P 7,270,140.00
MAIN CONTRACTOR (ALL-IN)
COST FROM SPECIALTY CONTRACTOR = P 7,270,140.00
Plus:
Indirect Cost, 30% (OCM, VAT/Tax, Profit) = P 2,181,042.00
------------------------
P 9,451,182.00
IN EFFECT
DIFFERENCE = P 2,181,042.00
Said charge, however, has no basis in fact
and in law.

Sections 47 and 65 par. 5 of R.A. 9184

(Government Procurement and Reform
Act) prohibit only the participation and
award of government contracts to a
relative of the Governor within the 3rd civil
degree. Karen Fiel Tio, however, is not a
relative of the Governor within the said
prohibited degree, as provided under Art.
966 of the Civil Code of the Philippines.
 Dr. Eutiquiano Fiel Consuelo T. Fiel

3rd
e
g re

Civ
De

il D
il
Civ

eg
d

re e
2n
Judge Esperanza Fiel Garcia Antero Fiel
married to Gov. Pablo P. Garcia married to Veronica S. Fiel
ree

4th
eg

Civ
il D

il D
Civ

eg
t

re
1s

e
Gov. Gwen F. Garcia Karen Fiel Tio

“Art. 966. xxx xxx xxx.

Thus, a person is two degrees removed from his brother, three from
his uncle, who is the brother of his father, four from his first cousin,
and so forth.” ( Underscoring and emphasis supplied )
Payment - 12TH Asean Summit = P12,000,000.00