Friday, April 30, 2010

Mayor Alfredo Lim And Colleagues Involved In Illegal Bidding

Last April 8, 2010, graft charges were filed against some of the members of Manila Bid and Award's Committee along with the city's mayor, Alfredo Lim. Atty. Reynaldo Bagatsing filed the said charges in relation to the unlawful bidding for the rehabilitation of 15 elementary schools in Manila. The plaintiff took note that the bidding was done to provide unwarranted benefits not only to chosen bidders but also to the officials who officiated the said bidding. It was also perceived by the complainant that entering into such transaction placed the city in a disadvantaged position because the involved parties are after the profit and not the due results of the project.

After obtaining an online copy of the bid notice abstract from the Philippine Government Electronic Procurement (PhilGEPS), Bagatsing immediately filed a complaint before the Ombudsman. 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. However, instead of openly accepting bids from other interested parties, it was well indicated in the attached document request list that three entities were already the preferred bidders. The entities were ALE Builders Construction and Development Corporation, Diamond Head Construction/Supplies, and VITES Construction and Development Corporation.

Atty. Reynaldo Bagatsing, erstwhile friend and legal counsel of Lim, pointed out that the transaction was carried out with undue haste, tagging 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. 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. As such, the actions taken by the participants was a discordance to the implementing rules of 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. Because the Bids and Awards Committee knowingly continued the scheme despite it being illegal, they are held liable for violating 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 authorized the unscrupulous act to be carried out, is also liable for the same violations.

Accordingly, the rigging of this public bidding to repair and upgrade 15 elementary schools has cost the city of Manila 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. As such, the justice due to the residents of Manila would be granted to them.

All the evidences presented by Bagatsing clearly manifest how public projects like this could become a breeding ground for illegal activities. 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. In the long run, if this issue is left unattended, the political career of Mayor Alfredo Lim could be jeopardized.

Atty. Reynaldo Bagatsing filed a graft and corruption lawsuits against Mayor Alfredo Lim and other Manila officials last April 8, 2010. The complaint was filed after Bagatsing found strong evidences about the illegal bidding for the rehabilitation of 15 classrooms in the city of Manila. The complainant believes that the bidding violation is detrimental to the city and its citizens.

-Julius Arante

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