Friday, April 30, 2010

Bidding Gone Wrong: Lim and Colleagues Engaged In Unlawful 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 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 complainant noted that the bidding of repairs was done not out of necessity but for the personal gain of 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.

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. 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 said 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 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. 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. 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.

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 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. As such, the justice due to the residents of Manila would be granted to them.

From the evidences shown by Bagatsing, it is apparent that public projects can be turned into the milking cows of officials. 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. As such, illegal activities within the government turns into an issue that is too hard to address. 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.

-Julius Arante

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