Wednesday, April 21, 2010

Alfredo Lim and 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's complaint began after he was able to secure an online copy of the bid notice abstract from the Philippine Government Electronic Procurement (PhilGEPS) for the repair of 15 schools within the city of Manila. 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, 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. 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.

Most of the key players in the said anomaly are members of the Bids and Awards Committee of Manila. They are Atty. Rafaelito Garayblas, Atty. Renato Dela Cruz, Vicky Valientes, Leanie S. Sanding, Ma. Lourdes Manlulu, Alicia T. Moscaya and Thelma Perez. As most of the involved committee knew the illegalities involved in the bidding transaction, all of the involved officials said to have violated the provisions of 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.

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. He also called for the Obudsman to have this issue examined extensively. As such, the justice due to the residents of Manila would be granted to them.

The instances presented clearly points out how local government projects can became an avenue for the perpetration of 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.

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.

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