Wednesday, April 21, 2010

Mayor Alfredo Lim And Colleagues Involved In Illegal Bidding

Last April 8, 2010, graft charges were filed against some of the members of Manila Bid and Award's Committee along with the city's mayor, Alfredo Lim. The complainant, Atty. Reynaldo Bagatsing filed the complaint-affidavit in response to the allegedly illegal public bidding for rehabilitation of 15 schools within the city. The plaintiff took note that the bidding was done to provide unwarranted benefits not only to chosen bidders but also to the officials who officiated the said bidding. It was also perceived by the complainant that entering into such transaction placed the city in a disadvantaged position because the involved parties are after the profit and not the due results of the project.

After obtaining an online copy of the bid notice abstract from the Philippine Government Electronic Procurement (PhilGEPS), Bagatsing immediately filed a complaint before the Ombudsman. According to Bagatsing, the invitation to bid was posted on the 18th day of February 2010, but the same post also indicated that interested bidders are given only 8 or 2 days (February 10-16, 2010) from the specified date of notice to submit their letter of intent (LOI) to bid, which was already impossible as the indicated dates have already elapsed. The supposed notice for open bidding was in fact a front as another accompanying document request list clearly identified that three entities were already the preferred bidders. The entities were ALE Builders Construction and Development Corporation, Diamond Head Construction/Supplies, and VITES Construction and Development Corporation.

Atty. Reynaldo Bagatsing, former legal counsel of Lim, emphasized that the bidding was done in due haste and identified it as a bidding violation. The rigging of the said public building failed to adhere to the Republic Act NO. 9184 (R.A. 9148) or Government Procurement Reform Act. Based from documents presented by Bagatsing, it was evident that there was a rush in implementing the bidding, as seen from the overlapping dates of the submission of letters of intent and the publication of the notice of invitation to bid. Hence, it is undeniable that the haste actions of the participating parties were incongruent to the bidding rules and time frames covered by the R.A. 9148.

Seven other Manila officials were pointed out to have played major roles in carrying out the scheme; most of whom are members of the Bids and Awards Committee. They are named Atty. Rafaelito Garayblas, Atty. Renato Dela Cruz, Vicky Valientes, Leanie S. Sanding, Ma. Lourdes Manlulu, Alicia T. Moscaya and Thelma Perez. As most of the involved committee knew the illegalities involved in the bidding transaction, all of the involved officials said to have violated the provisions of Republic Act No. 3019 (R.A. 3019) or the Anti-Graft and Corrupt Practices and Republic Act No. 6713 (R.A. 6713) commonly referred to as the Code of Conduct and Ethical Standards for Public Officials and Employees. Mayor Alfredo Lim, who authorized the unscrupulous act to be carried out, is also liable for the same violations.

Accordingly, the rigging of this public bidding to repair and upgrade 15 elementary schools has cost the city of Manila P23,550,000.00. Bagatsing also noted that by associating with such contract, the major players in the bid chose to deprive Manila the opportunity to save funds which could have been used for future projects. The complainant called forth for the Ombudsman to closely examine the existence of these illegal acts. As such, the justice due to the residents of Manila would be granted to them.

The instances presented clearly points out how local government projects can became an avenue for the perpetration of illegal activities. Although various laws are put in place in order to address these issues, there are still people who continuously participate in the perpetration of fraudulent activities. As such, illegal activities within the government turns into an issue that is too hard to address. If Mayor Alfredo Lim would not be able to address this matter immediately, not only will jeopardize his career but also the trust that the public has given to him.

Mayor Alfredo Lim, along with some of his colleagues in the Bid and Awards committee were charged with graft and corruption lawsuits following the anomalous bidding for the rehabilitation of 15 classrooms in the city of Manila. Atty. Reynaldo Bagatsing filed the charges, claiming that the transaction was a bidding violation, set to cost Manila P23,550,000.00. The charges against the officials were filed on April 8, 2010. Bagatsing requested the Ombudsman to take immediate action on the said complaint.

-Julius Arante

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