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

Manila Jueteng Problem And The City's Rampant Illegal Gambling Activities

Illegal gambling remains rampant in this poverty-stricken city. The Manila Jueteng Problem has once again resurfaced as apparent in the arrests of several people involved in the said illegal form of gambling. Manila mayor Alfredo Lim along MPD director Chief Superintendent Rodolfo Magtibay have continuously reiterated that they will rid the city of illegal jueteng operators. Instead, there are intelligence reports that illegal jueteng operators are slowly resuming their activities in the city.

The recent arrests of a number of people are clear evidences that the once eradicated Manila Jueteng Problem is still thriving. One of the main reasons why this illegal gambling problem has resurfaced is that police officers and city officials are involved in this trade. This illegal numbers game has the blessing of corrupt and unscrupulous policemen and city hall officials.In return for the protection extended, these protectors of jueteng are bribed with a portion of the profits generated from this illegal activity.

The inefficiency of the police force in arresting these people involved in Jueteng has further escalated the Manila Jueteng Problem.Many people who are actively participating in this illegal activity were able to avoid arrests due to the influence of higher police officials and city hall personnel including the Mayor of Manila.Moreover, jueteng operators in the city have developed a way to avoid arresting police officials.Investigations found out that jueteng lords in the city work using 'kangaroo' style and they transfer from one place to another to elude detection.

Jueteng operators in the city have also developed a sense of resiliency in covering up their illegal operations. To deceit and mislead the city's law enforcers, these jueteng collectors pretend they are soliciting bets for the government-sponsored EZ-2 lotto. Jueteng is like EZ-2 which is a legal numbers game launched by the government through the PCSO. Jueteng and EZ-2 are both using a winning two-number combination where bettors place their bets.

The only thing that separates the two is that jueteng is drawn secretly and exists as an underground transaction. It is alleged that the winning combination in jueteng is chosen by the operator. Jueteng operators select combinations with fewer bets to accumulate more profits. Meanwhile, EZ-2 is legal and drawn live on TV.

Unless the city government under Mayor Alfredo Lim and Manila Police Department come clean and admit their involvement in this kind of illegal activity; the Manila Jueteng Problem will still remain unsolved. If Mayor Lim and Chief Superintendent Rodolfo Magtibay are serious in eradicating this kind of illegal activity in the city, their action should begin within their ranks.They should be hunting down protectors and big time jueteng lords instead of arresting small bet collectors. Moreover, the city government must carefully look into the bigger picture and address the real cause why this illegal numbers game even exists.

The inability of the police force and Mayor of Manila Alfredo Lim to bring those people involved in Jueteng has further aggravated the problem. The reported involvement of police and city halls officials in the illegal activity has made it impossible to address this problem. Moreover, there are other reasons why the Manila jueteng problem has once again resurfaced as apparent in the arrests of several people involved in the said illegal form of gambling.

-Julius Arante

Deficiencies Found In An Anomalous Payment Transaction At The Local Government of Manila

The Commission on Audit filed a two-page notice of disallowance last October 29, 2009 against some of the government officials in the city of Manila. The notice was filed following the noted deficiencies on the claims for the payment of consultancy fees of purportedly 21 consultants who were contracted to work for the office of the Mayor. The said vouchers did not complement the audit prepared by Domingo C. Bocalan Jr., State Auditor IV and that the vouchers were void because the 21 consultants listed in the payroll were inexistent. Accordingly, the anomalous transaction cost Manila the amount of P5,058,000.00.

Mayor Alfredo Lim claimed in his affidavit that he have no idea about the said anomalous transaction, which in turn reinforced the Commission on Audit file the notice of disallowance against the involved officials. The Mayor also added that he never signed any contract related to the purported services nor did he granted the payment for the supposed 21 consultants. Lim's statement were further reinforced by three of his office staff. Ms. Rowena Senatin, Ms. Helen Natividad and Mr. Arturo Mijares were the said officials who attested Lim's words through their affidavits.

According to the officials, the names of the consultants that appeared in the payrolls that was submitted to them by some of the members of the accounting and property division of the city of Manila were not included in the list of consultants that were employed by the mayor. Senatin, Natividad and Mijares confirmed that the name Nelson Del Mundo as well as the other alleged consultants was fictitious. This government anomaly is a clear manifestation of the ongoing corrupt practices in the local government of Manila. Nonetheless, like any other forms of illegal activities, the transaction was done in order to benefit the people involved.

The anomalous transaction was carried out and consented by 11 officials from the accounting and property division of the local government of Manila. The named officials were Pacifico Lagramada, Yolanda Ignacio, Marleen Young, Gloria Quilantang, Vicky Valientes, Erlinda Marteja, Philip Cabalun II, Cherry Chan, Alicia Moscaya, Fritz Noel Borres, and Rodelio Leyson. The said individuals were responsible for facilitating the payment of the fictitious 21 consultants worth P5,058,000.00 without rendering actual services. Their names were confirmed by the affidavit presented by Mayor Alfredo Lim and three of his staff.

Bocolan recommended in the notice of disallowance that the identified perpetrators from the accounting and property division of the city of Manila to refund the full amount of P5,058,000.00. The given amount was the supposed payment for the 21 consultants, who purportedly worked for the office of the mayor. The Commission on Audit gave the involved personnel six months in order to appeal the notice addressed to them. The inability to comply with the notice will allow the Commission on Audit to take necessary actions in order to settle the issue.

Although Mayor Alfredo Lim, in his affidavit, served as the way to expose this particular corrupt activity, it appears that something in this picture does not coordinate. It is known that every local project are needed to be approved by the mayor before it is facilitated; in this instance though, what remains questionable is the fact that the project was not hindered although Mayor Lim said that he did not approved it. While there may have been people held liable for this transaction, the above question is a simple inquiry to further shed light on how the transaction was carried out. Perhaps this question is needed to be answered for the public's understanding.

The Commission on Audit filed a notice of disallowance against some of the officials from the local government of the city of Manila. The notice was given as a response to the government anomaly that concerns the payment of P5,058,000.00 among the fictitious 21 consultants who were allegedly contracted to work for the office of Mayor Alfredo Lim. The Commission on Audit recommended the officials to refund the full amount as a means to settle the issue.

-Julius Arante

Reynaldo Bagatsing Files Graft And Corruption Charges Against Mayor Alfredo Lim And Allies

Mayor Alfredo Lim is once again placed under public scrutiny after graft charges were filed against him before the Office of the Ombudsman last April 8, 2010. Lim allegedly conspired with other Manila officials to a non-existent affair and falsified receipts, which is said to have cost the city of Manila P221, 250.00. The graft charges against Lim and his colleagues were filed by the Mayor's former legal adviser, Reynaldo L. Bagatsing. The complainant, in his affidavit, called forth for the Ombudsman to administer preventive suspension against the involved perpetrators.

Bagatsing also included seven other officials in the said anomaly. The seven were Atty. Rafaelito M. Garayblas, Atty. Analyn T. Marcelo-Buan, Maria Lourdes R. Malulu, Cherry Chao, Cecilia V. Sican, Leanie S. Sanding, and Vicky R. Valientes. Bagatsing pointed out that the said officials falsified the original receipts provided by Angel's Burger House. It was also indicated that, the officials made it appear that Manila Barangay Bureau simultaneously spearheaded on August 27, 2009 an activity called Barangay Peace Keeping Action Team""an affair which was supposedly participated by all the barangays in Manila, which according to the complainant was a non-existent affair.

To further strengthen his claims about such Manila government anomaly, Bagatsing explained in detail how the events unfolded. Accordingly, during the reimbursement process, the officials allegedly turn in a voucher indicating that 5,500 pieces of cheeseburgers were consumed by the participants in the fabricated assembly. What truly bothered the complainant was the fact that such small burger outlet is not capable of producing 5, 500 cheeseburgers in one day, when in reality such delivery could have taken the said burger joint 15 days to complete. To further reinforce his allegations, Bagatsing was able to acquire the inspection report filed on October 19, 2009 by the officials that was certified by Cecilia V. Sican, Inspector of the City General Services Office (CGSO), which apparently demonstrated that the original receipts that are numbered 0066 and 0067 were falsified to appear as 0214 and 0215.

The said forged copies that were presented to the city treasurer of Manila obtained the officials sum of P221, 250.00. Hence, it is apparent that the involved Manila officials committed malversation and falsification or articles 217 and 171 of the revised penal code respectively. Nevertheless, as this Manila government anomaly that concerns the release of government funds did not underwent proper bidding, the officials also violated the Section 367 of Republic Act. No. 7160 (R.A. 7160). It should be noted that the P221, 250.00 worth of reimbursement in this transaction exceeded the required amount stated under Section 367 of R.A. 7160, which particularly identified that the procurement of supplies should not exceed the amount of P 150, 000.00 for any items within a month for each of local unit, may it be first or second class cities within the Manila area.

Mayor Alfredo Lim was included in Bagatsing's lawsuit because he was represented by his secretary Rafaelito Garayblas. Because Garayblas certified the false and manufactured documents, it is believed that Lim, consented the illegal transaction. Lim may not have directly signed the said documents, but it must be taken into account that the authorization of his secretary also means that he unscrupulous act was done with his consent. Nonetheless, considering that Garayblas directly report to Lim, it is apparent that the Mayor condoned such transaction.

With the election just around the corner, political candidates are vigilant about their actions so as not get themselves involved with illegal activities. Mayor Alfredo Lim, like any other government official, was placed in the position because people trust him. Yet, with the ongoing issues of illegal activities under his belt could negatively affect the trust that the public gave him. It is therefore an imperative for these officials to clarify this issue so as not to tarnish the reputations that they have taken care off for a long time.

Mayor Alfredo Lim and some of his allies are facing graft charges for violating the falsification and malversation law after they allegedly conspire to forge receipts from Angel's Burger House to procure government funds. Reynaldo Bagatsing presented several evidences against this Manila government anomaly, and called for the Ombudsman to place the officials under preventive suspension. Lim was involved in the lawsuit, as he was represented by his secretary Rafaelito Garayblas, who signed the false documents with his consent.

-Julius Arante

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. Bagatsing said that the bidding have benefited 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.

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. 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 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. From the overlapping dates of letter of intent submission and the publication of the notice, it cannot be denied that the transaction was rushed. 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.

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 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 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. 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. 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.

Following the discovery of evidences that pointed towards a bidding violation, Atty. Reynaldo Bagatsing filed a complaint-affidavit against Mayor Alfredo Lim and his cohorts in the Bid and Awards Committee of the city of Manila. Aside from the bidding issues, Bagatsing also stated in his sworn affidavit that the involved participants violated the graft and corruption law as well as the ethical standards for public officials and employees.

-Julius Arante