Saturday, April 24, 2010

Mayor Alfredo Lim and Other Manila Officials Charged With Graft for Illegal 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 charges were filed by Reynaldo Bagatsing after allegedly engaging in an unlawful public bidding for the rehabilitation of 15 schools in Manila. 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 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'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. 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. 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.

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 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. 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 consented to the act, also violated the aforementioned laws.

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 complainant called forth for the Ombudsman to closely examine the existence of these illegal acts. As such, the justice due to the public would be handed 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. 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.

Atty. Reynaldo Bagatsing filed a graft and corruption lawsuits against Mayor Alfredo Lim and other Manila officials last April 8, 2010. The complaint was filed after Bagatsing found strong evidences about the illegal bidding for the rehabilitation of 15 classrooms in the city of Manila. The complainant believes that the bidding violation is detrimental to the city and its citizens.

-Julius Arante

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