EDITORIAL

Ombudsman Awards Albar Another Suspension

"Wherefore, this office finds substantial evidence to declare respondent, General Manager Renato T. Albar, guilty of Simple Misconduct. Accordingly the penalty of Suspension of four (4) months is hereby imposed upon respondent Renato T. Albar”. This is the decision of the Ombudsman (Visayas) on the case: OMB-V-A-08-0122-D filed by UIMIG Enterprise represented by Junalin D. Gurrea against the general manager Renato T. Albar of Metro Kalibo Water District (MKWD). Actually, all the members of the MKWD Board of Directors was included in the complaint. However, the OMBUDSMAN “finds lack of substantial evidence to declare the members of the MKWD Board of Directors guilty of the administrative charges”.

The case arouse after Albar signed two contracts with UIMIG Enterprise which are: 1. Contract No. GD 2007 – 09 – 038 for the supply and delivery of various electrical materials and appurtenance for Cupang Pump Station with a contract price of P1,298,338.49; and 2. Contract No. GD 2007 – 09 – 039 for the supply and delivery of two (2) units generator sets (50 KVA and 165 KVA) and one (1) set electro mechanical equipment with accessories for the contract price of P3,748,554.00.

The first contract was executed on Dec. 16, 2007. The goods ordered were delivered on Feb. 8, 2008. A Certificate of Provisional Acceptance was issued which recommended for actual testing and final inspection and to pay 50 percent of the cost.

On Feb. 19, 2008, a Certificate of Inspection and Acceptance was issued to UIMIG by MKWD. On March 6, 2008 UIMIG Enterprise in its letter addressed to Albar demanded for the full payment of “various electrical materials and appurtenances for Cupang Pump Station.

The second contract was executed on Jan. 4, 2008. Albar represented MKWD and UIMIG by Junalin D. Gurrea. Deliveries were made on January 23, 2008. A Certificate of Provisional Acceptance was approved by GM Renato Albar which “recommended for actual testing and final inspection prior to final acceptance” and “for 50 percent payment as stipulated in the contract”.

On Feb. 28, 2008, MKWD cetified that “the deliveries made by UIMIG Enterprise…were tested and found…in conformance with the quantity and MKWD specifications and standard”. It recommended for payment.

On March 6, 2008, UIMIG in its letter addressed to GM Albar, “sought the full payment for the supply and delivery” of machineries and materials as specified in the two contracts. According to UIMIG Enterprise, P1,554,700 was paid on January 25, 2007 for Contract No. GD 2007 – 09 – 039) and P549.338.49 for Contract No. GD2007 – 09 – 038 on February 15, 2008.

But how can MKWD pay the balance? MKWD Board of Directors issued Board Resolution No. 013, S. 2008 which stopped payment for the 50 percent unpaid balance to UIMIG Enterprise.

Again on March 15, 2008, UIMIG Enterprise in a letter addressed to GM Albar demanded the payment of P2,942,530.51 representing the unpaid balance.

In their counter affidavit, MKWD Board of Directors headed by Edgar T. Isada denied the charges that they violated the Anti-Graft and Corrupt Practices Act.

According to the BOD, Mr. Albar is “authorized to award bids for general purchases amounting to P1.5 million only but the contract agreement is for P3,748,554 clearly above the authorized amount.

The BOD blamed the UIMIG Enterprise for its failure to investigate the capacity of the person (Mr. Albar) it is dealing with if he is duly authorized or not to enter into a contract with them.

OMB-V-C-08-0139-D

In another complaint filed by UIMIG Enterprise, the OMBUDSMAN “finds PROBABLE CAUSE to warrant the indictment of respondent GM Renato T. Albar, for violation of Sec. 3 (c), R. A. 3019. It further recommended the filing of the case with proper court.

On the other hand, the OMBUDSMAN finds lack of probable cause to indict Edgar T. Isada, Father Allan Sta. Maria, Gil C. Acevedo, Rey S. Quimpo, Maria Rayda T. Cipriano and Wilfredo M. Deleo.

The consolidated resolution was recommended for approval by Pelagio S. Apostol – deputy Ombudsman for the Visayas, and approved by Conchita Carpio Morales – Ombudsman.

The suspension of GM Renato T. Albar being guilty of simple misconduct was also recommended by Pelagio S. Apostol – deputy Ombudsman for the Visayas and approved by Conchita Carpio Morales-Ombudsman.

The charge against the chairman and members of the MKWD Board of Directors was accordingly dismissed due to lack of substantial evidence.

Albar’s Suspension

Earlier, the Board of Directors, MKWD suspended Mr. Albar. In a complaint on the matter of the MKWD Provident Fund, Mr. Albar was suspended for nine (9) months. Just as his nine (9) months suspension without salary expired, another four (4) months suspension by the Ombudsman came and took effect.

What a shame! Mr. Albar did something he was not authorized. Did he usurped the job because he volunteered? Is there extra money in it?

Is Albar’s action voluntary without any personal gain but due to public service?

Albar never invoke he signed two contracts to hasten job accomplishment, to facilitate good service in his defense.

To any well meaning Aklanon, who is found guilty of an offense against the public via the public utility “water distribution and supply”, the best and graceful exit is to resign.

His job in a government owned and controlled corporation as general manager is no longer tenable. It will be best for him to allow somebody who is honest, accountable, transparent and a person of integrity to assume the functions of a General Manager in MKWD. /MP