Thursday, April 22, 2010

Mayor Alfredo Lim and Other Manila Officials Charged With Graft for Illegal Public Bidding

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 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. 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.

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. According to Bagatsing, the invitation to bid was posted on the 18th day of February 2010, but the same post also indicated that interested bidders are given only 8 or 2 days (February 10-16, 2010) from the specified date of notice to submit their letter of intent (LOI) to bid, which was already impossible as the indicated dates have already elapsed. 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.

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. This is remotely related to the implementing rules stipulated by R.A. 9148, which stipulates that the advertising and posting of invitations to bid should be twice in a period of 14 calendar days for newspaper ads, while continuous advertisement with a maximum coverage of 14 calendar days for website posting; the issuance of documents for bidding must be carried out within 30 calendar days from the last day of the advertisement posting, while the opening of bids depends upon the amount of the contract but must not be less than 15 calendar days for contracts of up to P25 million.

Members of the Bids and Awards Committee mostly make up the roster of perpetrators in the said transaction. They are named 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 consented to the act, also violated the aforementioned laws.

The city of Manila is set to lose P23,550,000.00, associated with this unscrupulous activity. Bagatsing also lamented that by entering into this form of contract, the officials, who acted based on their best interest and gave preference toward their selected bidders chose to deprive the city and its people to save funds which could later on be used for other important projects. He also called for the Obudsman to have this issue examined extensively. This is so in order to provide the justice due to Manila residents and tax payers.

All the evidences presented by Bagatsing clearly manifest how public projects like this could become a breeding ground for 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. 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.

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