Capitol lawyers hit back at Cebu City Administrator Atty. Collin Rossell for his lies and maliciously implicating Capitol participation in the controversy between the Cebu City Government and the Metropolitan Cebu Water District.

Provincial legal officer Atty. Donato Villa Jr., alongside Capitol legal consultants Atty. Rory Jon Sepulveda and Atty. Benjamin Cabrido Jr., in a media briefing at the Capitol on April 22, said the city administrator could face possible breach of client confidence under the 2023 Code of Professional Conduct and Accountability (CPCA) of lawyers.

The lawyers presented to the media a video of Rossell, who was Capitol legal consultant on real estate from 2019 to 2022 during Gov. Gwen Garcia’s fourth term in office, attacking Cebu Manila Water Development Inc.’s (CMWDI) contract with Metro Cebu Water District (MCWD). CMWDI is a joint venture project of the Province of Cebu.

In the Facebook video, Atty. Collin prefaces his statements by saying that he heard rumors, from MCWD personnel and other sources, about what possibly transpired in the rescission of the MCWD and CMWD contract.

“Layo pa kaayo ang expiration (sa contract). Duna pa gyod na ang kontrata nga kon dili makatuman ang supplier (CMWD), i-take over na siya ang maong kompaniya sa pag-operate, i-take over sa MCWD. Ug kanang MCWD, sa tinud-anay lang, sila ra mismo ang nakabutang sa kontrata nga maoy makaputol (sa kontrata). Ngano man? Sila man ang buyer. Unya ni-bid ni ang kaning maong supplier, kanang CMWD sa Carmen. Karon, ang ato na lang nahibaw-an, ambot tinuod ba gyod, atong kuhaon ug pangutan-a ninyo kon pila na ang kontrata nianang dapita kay naputol raba to. Unya kon naputol to, kinsa may niintra og bag-ong kontrata kon nag-supply pana? Kay ang atong nadunggan ngadto, puro ra hinoon ni huhungihong, singkwenta-e-otso na (P58). Sa ato pa, giputol ang baynte ka tuig nga baynte cuatro singkwenta (P24.50),” Atty. Collin said in the video. 

But Sepulveda said this was not true since Rossell had personal knowledge about it as he was legal consultant of the Office of the Governor before he became the city administrator.

The lawyer further added that this joint venture agreement has been public knowledge since the project’s inauguration in 2012 and subsequently the termination of the contract with MCWD in Dec. 1, 2023.

“Kabalo ang tanan ana. Walay gitago, wala tanan. Pero gi-intriga niya nga morag naa kunohay nga business interest ang probinsya. Unya magpakaro-ingnon pa siya kunohay nga adunay nagsulti kaniya. Butbot,” Selpulveda said.

Atty. Cabrido said the contract between MCWD and CMWD was the first order of business that Gov. Gwen Garcia paid attention to when she came back to the Capitol in 2019, asking her legal consultants, including Atty. Cabrido and Atty. Collin, to review the same and come up with recommendation. 

“He was lying nga gikuha niya from a third person some of this information. Didto ko na taken aback when I saw the video (kay giforward man ni Atty. Villa sa amoa). Oh my God! Then I went back to our conversation, I went back to our group chat. This was his idea, this was his recommendation, and he was acting as the lawyer of the province at that time and yet he did not say that in public," he said. 

In fact, it took the technical working group, which again involved Atty. Cabrido and Atty. Collin, two years to do all due diligence and come up with recommendations. The recommendation which was eventually adopted by the Provincial Economic Enterprise Council (EEC) and sanctioned by Gov. Garcia, was the recommendation of none other than Atty. Collin. 

“The final review of the contract between CMWD and MCWD was tasked to Atty.Collin Rossell. September 6, 2021, ning-render na siya’g iyahang opinion,” Atty. Cabrido said, adding that rendering a legal opinion constitutes a clear practice of law which also bound the parties in attorney-client relationship. 

Atty. Cabrido said it was Atty. Collin’s “legal opinion” that the contract was onerous and grossly disadvantageous to the Provincial Government, with recommendation to rescind or make the contract null and void, no longer enforceable between the parties. 

This is because, as per Atty. Collin’s opinion, that should give Gov. Garcia acquiescence to the terms of the contract, anybody could bring charges against her before the Ombudsman for upholding an onerous contract that was highly disadvantageous to the government. 

“Ang lawyer–client relationship, ang iyang relasyon sa Probinsya sa Sugbo nga ni-hire niya as legal consultant at that time until 2022, is fiduciary in character. Pinakataas na siya nga character since it is a trust relationship between the Province and him. Duna siyay responsibilidad nga i-keep ang tanang confidence acquired by him,” Atty. Cabrido said. 

Atty. Villa said what Atty. Collin divulged in the video was never an issue because it has been reported many times at Sugbo News and in various media briefings by Gov. Gwen on the issue. The issue was in his feigning ignorance on the facts, claiming that he heard them from MCWD sources, when in truth, he was at the center of it. 

“Actually, ang iyang supposedly gi-divulged was never an issue because kadaghan na man nag-presscon bahin ato,” Atty Villa said. “Ang iyaha lang, he put malice into it,” the provincial legal officer added. 

For Atty. Sepulveda, the city administrator is just diverting the issue from his apparent involvement at the MCWD power struggle, where videos also surface showing him directing how officials of MCWD should act while inside MCWD premises. 

“Tungod sa ilang pagkabulasot, kami na man hinuon maoy himuong scapegoat,” Atty. Sepulveda said.

When pressed by the media on what possible actions the Capitol shall pursue against its former consultant for an apparent breach of confidence, Atty. Sepulveda said: 

“Prudence dictates that this is most what we can say as of the moment: Without prejudice, period. All rights reserved, period.” | Babie Jane Revecoy