To Win A Project Is To Bid Highest
The bid most advantageous to LGU Libacao to implement a certain project is the one which offered the highest bid.
Sometime in February 2007, LGU Libacao bided the “construction of the River Control Revetment Wall, Resting on Cut-Off Wall” project. Those which participated in the bid were MG Salazar of Santo Tomas, Sta. Maria, Bulacan, PERCC, White Plains Subd., Katipunan Ave., Quezon City, PHESCO, Quezon Ave., Quezon City, and Chiara Construction, Tarlac City.
After opening the bids, the offers are as follows: Chiara Construction – P34,608,908.29; PHESCO – P38,032,381.12; PERCC – P40,370,066.15, and MG Salazar – P40,502,836.01.
Examining and ranking them from the highest to the lowest as to cost, MG Salazar is the highest, PERCC–second, PHESCO–third, and Chiara Construction – fourth.
Nevertheless, the construction job was awarded to MG Salazar even if it was the highest bidder.
As a result, Ms. Rizalina Lil R. Guevarra – Dianco filed a “complaint for Violation of Section 3 sub paragraphs (b), (c), and (e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.
Guevarra – Dianco accused Hon. Charito I. Navarosa, Mayor of Libacao, Aklan; Alex E. Dionela, Local Civil Registrar and chairman – Bids and Awards Committee. She also accused the members of the Bids and Awards Committee who are Cynthia Villorente – Municipal Assessor; Peter Orbista – Municipal Engr.; Dante Zubiaga – Municipal Planning Officer; Shirley N. Panim – Statistics Aide; Raiel I. Zabala – Administrative Assistant; and Lennie O. Zambrona – Administrative officer, all of Libacao.
Also included in the complaint are Hon. Jose Jerome B. legaspi – SB member, Libacao; Reinnete D. Teodosio; Leartes T. Dala; Elmer Madayag, Roel Bernardo, and Emeliano Belisario, both of Logo Finance and Andrew Macabales and Rolando Reyes.
Among others, Rizalina Lil R. Guevarra – Dianco alleged that “Mayor Charito Navarosa summoned the herein complainant and demanded for a 50/50 profit sharing on the earnings of the project as part of the condition precedent for the awarding of the project” for which she “vigorously disagree...it is detrimental. The proposal of the Honorable Mayor is highly prejudicial and detrimental to the citizenry of...Libacao, Aklan. It is outright immoral and illegal.”
Guevara – Dianco alleged further that on February 13, 2007 at 5:00 o’clock in the afternoon, she was invited by Engr. Gary Gaylan to a dinner. In that dinner, Mayor Charito Navarosa allegedly asked Engr. Gary Gaylan “to fix, arrange and negotiate in the preparation for the forthcoming February 20, 2007 bidding, so that Rolando Reyes will have the project smoothly”. Guevarra – Dianco related in her complaint affidavit she was offered P2 million to “back off” the project. But the P2 million “anomalous offer was refused...”
Rolando Reyes is the Attorney-In-Fact of MG Salazar.
According to the complainant Guevara–Dianco, Mayor Navarosa and 15 others had violated the Anti-Graft Law specifically Section 3 – corrupt practices of public officers; 3 (b) (c) directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit; and 3 (e) causing any injury to any party...
In her prayer, Guevarra – Dianco requested the Ombudsman (Visayas) to 1. order the suspension of the respondents from their respective offices; 2. order the immediate suspension of the implementation of the project; 3. recommend re-bidding of the project; and 4. grant relief and remedies equitable.
In its Order on September 6, 2007, the Ombudsman (Visayas) found “enough basis to proceed with the administrative investigation of the case, respondents Charito I. Navarosa, Municipal Mayor; Jose Jerome B. Legaspi, SB member, Sub-Project Coordinator, Alex E. Dionela, Local Civil Registrar, Chairman, Cynthia Villorente, Municipal Assessor, Engr. Peter Orbista, Municipal Engineer, Dante Zubiaga, Municipal Planning and Development Coordinator, Shirley N. Panim, Statistic Aide, Raiel I. Zabala, Administrative Assistant, Reinnete D. Teodosio, employee, Members, Bids & Awards Committee (BAC), Lennie O. Zambrona, Administrative Officer I, Leartes T. Dala, Administrative Assistant I, Secretariat, Bids & Awards Committee (BAC), Municipality of Libacao, Aklan. Engr. Elmer Madayag, Engr. Emiliano Belisario, Engr. Roel Bernardo, employees, Bureau of Logo Finance, Department of Finance, are hereby ordered to file their counter-affidavits and other controverting evidence to the said complaint within TEN (10) days from receipt. The order was signed by Dir. Edgardo G. Canton of the Ombudsman.
The respondents are not allowed to file motion to dismiss, motion for bill of particulars and similar dilatory motions. /MP
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