Thursday, April 22, 2010

Bidding Gone Wrong: Lim and Colleagues Engaged In Unlawful Public Bidding

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. Bagatsing said that the bidding have benefited the involved officials. Bagatsing also took into account that the bidding prejudiced the local government of Manila as the involved associates were more concerned about the profits that can be reaped from the project rather than the expected results.

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. 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. The supposed notice for open bidding was in fact a front as another accompanying document request list clearly identified that three entities were already the preferred bidders. 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 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. 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 Atty. Rafaelito Garayblas, Atty. Renato Dela Cruz, Vicky Valientes, Leanie S. Sanding, Ma. Lourdes Manlulu, Alicia T. Moscaya and Thelma Perez. The members of the committee who acted on their own free will, despite knowing the issues behind the transaction are held responsible for infringing 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.

Due to the rigging of the said public bidding, the city of Manila is set to lose P23,550,000.00. Bagatsing also stressed that involvement of the city in this form of transaction ousted it with the chance to save funds. The complainant called forth for the Ombudsman to closely examine the existence of these illegal acts. 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, it becomes much harder to put these issues into the forefront. In the long run, if this issue is left unattended, the political career of Mayor Alfredo Lim could be jeopardized.

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.

No comments:

Post a Comment