Thursday, April 22, 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 complainant, Atty. Reynaldo Bagatsing filed the complaint-affidavit in response to the allegedly illegal public bidding for rehabilitation of 15 schools within the city. 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. 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 entities were ALE Builders Construction and Development Corporation, Diamond Head Construction/Supplies, and VITES Construction and Development Corporation.

Atty. Reynaldo Bagatsing, former legal counsel of Lim, emphasized that the bidding was done in due haste and identified it as a bidding violation. The instant public bidding is notably an infringement of the Republic Act NO. 9184 (R.A. 9148) or Government Procurement Reform Act. Based from documents presented by Bagatsing, it was evident that there was a rush in implementing the bidding, as seen from the overlapping dates of the submission of letters of intent and the publication of the notice of invitation to bid. 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.

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 is also held liable for the same violations as he condoned the said acts.

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 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. 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.

All the evidences presented by Bagatsing clearly manifest how public projects like this could become a breeding ground for illegal activities. Although various laws are put in place in order to address these issues, there are still people who continuously participate in the perpetration of fraudulent activities. Hence, illegal acts become more difficult to resolve. 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.

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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