Atienza Refuses To Concede, Will File Election Protest

On Wednesday, Former Manila Mayor Lito Atienza refused to concede even after the proclamation that incumbent mayor Alfredo Lim won the election and is set to file to an election protest following the city's automated polls .

In a press conference, Atienza said that their camp wants to shed light on speculations sorrounding the results in elections in Manila.

“This is not about who won here. I am only here for the total credibilty of the automated elections. In the history of Manila, our camp always concedes when there’s credibility in the results,” Atienza said.

In 1988, Atienza conceded to then mayor Mel Lopez two days after elections and his son, now campaign manager, Ali Atienza conceded when Lim won the elections.

"We have so many data that point to the malfunctioning of the PCOS machine in Manila at hindi katanggap tanggap sa marami ang naging resulta at dahil sa mga dudang ito ay hindi kami maaaring manahimik na lamang at hayaan lahat, as a candidate, I have this obligation to the people to protect the vote of our supporters. Ang political at personal interes ko ay isinasantabi ko at ang ating ipinaglalaban ay ang accuracy ng mga PCOS machine na syang gagamitin sa mga darating pang eleksyon," Atienza told reporters.

Residents of city are asking where their votes were placed, the reason why their camp are filing protest and would ask to conduct manual count on the six districts of the city.

He also said that if he would “just let it pass,” irregularities would prevail in the next elections to come.

Atienza said that results of the random manual audit conducted in various barangays in Manila did not complemented the results of the Precinct Count Optical Scan (PCOS) machines.

According to the statement, the former environment secretary cited that in precinct 367 of barangay 198 in District 2 incumbent mayor Alfredo Lim had 464 votes in the PCOS machines while in manual count he had only received 400.

In Legarda Elementary school at precinct 887 barangay 559, Lim garnered 393 votes as compared to 183 votes in manual count. According to him (Atienza), the same thing also happened in Earist school at district 6, barangay 633 precinct number 1291, wherein PCOS count for Lim is at 347 while the manual count is only at 216.

Atienza showed to the media that one of the election returns was dated April 28, a day after their camp showed Nilda Reluya, an employee of the City Hall under the Office of the Mayor-Electronic Date Processing went to the Atienza camp and revealed on the “poll results” in Manila prior to the election proper.

He also clarified that they only want to clear the cloud of speculations by checking the results of the PCOS machines and in the manual count and they only want to check the credibility of the elections in Manila following the alleged “finished election results” prior to the election proper.

Earlier reports told that Atienza got the support from Iglesia ni Cristo, El Shaddai, Muslim community, and others.

"We have ten days after the election to file the protest,” Atienza said.

Mayor Alfredo Lim And Allies Faces Graft And Corruption Charges

Graft and corruption charges were filed against Mayor Alfredo Lim last April 8, 2010 before the Office of the Ombudsman. Lim, along with other Manila officials were said to falsified receipts worth P221, 250.00 in order to carry out a non-existent local affair to acquire money. Lim's former legal adviser, Reynaldo L. Bagatsing filed the graft charges against the Mayor and his allies. Bagatsing called for the Ombudsman to place the perpetrators in a preventive suspension.

Seven other Manila officials were implicated by Bagatsing in the said anomaly. The seven officials include Atty. Rafaelito M. Garayblas, Atty. Analyn T. Marcelo-Buan, Maria Lourdes R. Malulu, Cherry Chao, Cecilia V. Sican, Leanie S. Sanding, and Vicky R. Valientes. Accordingly, in his sworn statement, Bagatsing pointed out that Lim and the said officials' falsified the receipts issued by Angel's Burger House. It was also indicated that, the officials made it appear that Manila Barangay Bureau simultaneously spearheaded on August 27, 2009 an activity called Barangay Peace Keeping Action Team""an affair which was supposedly participated by all the barangays in Manila, which according to the complainant was a non-existent affair.

Bagatsing outlined in his complaint how this Manila government anomaly came into fruition. Accordingly, during the reimbursement process, the officials allegedly turn in a voucher indicating that 5,500 pieces of cheeseburgers were consumed by the participants in the fabricated assembly. Bagatsing took note that a small burger joint like that of Angel's is not capable of producing such large number of orders, as deliveries like that could be finished in 15 days. Adding up to this was the evidence presented by Bagatsing to support his claim""the inspection report filed on October 19, 2009, which showed that the original receipt numbers which were originally 0066 and 0067 were falsified to become 0214 and 0215, and was later on approved by the inspector, Cecilia V. Sican of the City General Services Office (CGSO).

Due to the receipt forgeries done by the Manila officials, the sum of P221, 250.00 was obtained from the city treasurer of Manila during the reimbursement process. As such this is a clear violation of article 217 of the revised penal code known as the malversation of public funds property, and article 171 or Falsification. Likewise, involved officials in this alleged Manila government anomaly failed to adhere to the required bidding process, making them liable for the violation of Section 367 of Republic Act. No. 7160 (R.A. 7160). It should be taken into consideration that the amount disembursed and reimbursed by the officials surmount the required amount indicated by Section 367 of R.A. 7160, which specifically points that only P150, 000.00 should be allotted for the procurement of supplies in one month period for all local units of Metropolitan Manila area.

The former legal counsel of Alfredo Lim brought him into charges as he was represented in the said transaction by his secretary Rafaelito Garayblas. Lim's secretary signed the false and manufactured documents, thereby giving his authority and consent among the Manila officials who oversee the fruition of this illegal transaction. Although Lim may not have directly signed in this anomalous activity, the mere fact that his secretary has authorized the existence of this corrupt practice with his knowledge makes him liable as well. On a similar note, considering that Garayblas is Lim's secretary, it is then agreeable that he was informed about the transaction in the first place.

With the election already nearing, graft charges are the last thing that any person running for office would wish to be associated with. Considering that Mayor Alfredo Lim has long been a part of Manila's local government, this just means that the people trust his leadership. However, this fraudulent transaction that he and his colleagues are allegedly involved with is a clear manifestation of betrayal of the public's trust. It is therefore an imperative for these officials to clarify this issue so as not to tarnish the reputations that they have taken care off for a long time.

Mayor Alfredo Lim and some of his allies are facing graft charges for violating the falsification and malversation law after they allegedly conspire to forge receipts from Angel's Burger House to procure government funds. Reynaldo Bagatsing presented several evidences against this Manila government anomaly, and called for the Ombudsman to place the officials under preventive suspension. Lim was involved in the lawsuit, as he was represented by his secretary Rafaelito Garayblas, who signed the false documents with his consent.

Anomalous Manila Public Bidding For School Rehabilitation

Graft charges were filed against Manila Mayor Alfredo Lim and some members of the city's Bid and Awards Committee last April 8, 2010. 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. Bagatsing said that the bidding have benefited the involved officials. Bagatsing also took into account that the bidding prejudiced the local government of Manila as the involved associates were more concerned about the profits that can be reaped from the project rather than the expected results.

Bagatsing immediately filed his complaint after obtaining an online copy of the bid notice abstract that came from the Philippine Government Electronic Procurement (PhilGEPS), which specifically concerns the rehabilitation of 15 Manila elementary schools. It is noteworthy, based from Bagatsing's obtained bid notice, that the said invitation was posted last February 18, 2010, and on that same post also specified that interested bidders can submit their letters of intent from February 10-16, 2010""dates that have already elapsed by the time the notice was posted. Despite the notice though, the request list that accompany the said bid notice clearly outlined three entities that were favored by the committee. The said entities include ALE Builders Construction and Development Corporation, Diamond Head Construction/Supplies, and VITES Construction and Development Corporation.

Reynaldo Bagatsing, Mayor Lim's former legal colleague and legal counsel, said that the anomalous transaction was performed unnecessarily quick and considered it as a bidding violation. The swift process of the public building is said to be a violation against 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. As such, the actions taken by the participants was a discordance to the implementing rules of R.A. 9148.

Members of the Bids and Awards Committee mostly make up the roster of perpetrators in the said transaction. They are Atty. Rafaelito Garayblas, Atty. Renato Dela Cruz, Vicky Valientes, Leanie S. Sanding, Ma. Lourdes Manlulu, Alicia T. Moscaya and Thelma Perez. The members of the committee who acted on their own free will, despite knowing the issues behind the transaction are held responsible for infringing 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 consented to the act, also violated the aforementioned laws.

Due to the rigging of the said public bidding, the city of Manila is set to lose 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 plaintiff called for the attention of the Ombudsman to properly address the issue at hand. This is so in order to provide the justice due to Manila residents and tax payers.

From the evidences shown by Bagatsing, it is apparent that public projects can be turned into the milking cows of officials. While various laws may be present in order to eliminate these illegal acts, the number of people who value their personal interest more than that of the public's interest are still growing in numbers each day. Hence, illegal acts become more difficult to resolve. 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