Friday, April 30, 2010

Anomalous Manila Public Bidding For School Rehabilitation

Mayor Alfredo Lim and members of Manila's Bid and Awards Committee are facing graft charges that was filed last April 8, 2010. The charges were filed by Reynaldo Bagatsing after allegedly engaging in an unlawful public bidding for the rehabilitation of 15 schools in Manila. The complainant noted that the bidding of repairs was done not out of necessity but for the personal gain of the involved officials. Bagatsing also believed that the bidding was especially disadvantageous to the local government of Manila as the participants in the illegal transaction manifested partiality, giving unwarranted benefits to the winning bidders.

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. Bagatsing stated in his sworn affidavit that the bid invitation posted on February 18, 2010 also included details about the filing of letter of intent for interested bidders which were supposedly on February 10-16, 2010""dates that are impossible to comply with as they have already elapsed. 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 were 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 rigging of the said public building failed to adhere to the Republic Act NO. 9184 (R.A. 9148) or Government Procurement Reform Act. In accordance to the proofs presented by the complainant, it was apparent that the involved parties were rushing to implement the bidding, which can be seen from the overlapping dates. 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 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 is also held liable for the same violations as he condoned the said acts.

The city of Manila is set to lose P23,550,000.00, associated with this unscrupulous activity. 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.

The instances presented clearly points out how local government projects can became an avenue for the perpetration of illegal activities. Despite the presence of laws that are aimed to deter the existence of fraudulent acts within the government, the people who condone these acts are growing in number each day. As such, illegal activities within the government turns into an issue that is too hard to address. The involvement of Mayor Alfredo Lim in such form of activities could affect his political career if all of these are proven real; but whether or not this is true, such illegal act serves as a proof of the abusive power of men.

Following the discovery of evidences that pointed towards a bidding violation, Atty. Reynaldo Bagatsing filed a complaint-affidavit against Mayor Alfredo Lim and his cohorts in the Bid and Awards Committee of the city of Manila. Aside from the bidding issues, Bagatsing also stated in his sworn affidavit that the involved participants violated the graft and corruption law as well as the ethical standards for public officials and employees.

-Julius Arante

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