Thursday, April 22, 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 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. 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. 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 include 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 instant public bidding is notably an infringement of 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. This is remotely related to the implementing rules stipulated by R.A. 9148, which stipulates that the advertising and posting of invitations to bid should be twice in a period of 14 calendar days for newspaper ads, while continuous advertisement with a maximum coverage of 14 calendar days for website posting; the issuance of documents for bidding must be carried out within 30 calendar days from the last day of the advertisement posting, while the opening of bids depends upon the amount of the contract but must not be less than 15 calendar days for contracts of up to P25 million.

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. 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.

The city of Manila is set to lose P23,550,000.00, associated with this unscrupulous activity. 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.

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. If Mayor Alfredo Lim would not be able to address this matter immediately, not only will jeopardize his career but also the trust that the public has given to him.

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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