Sunday, May 2, 2010

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

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