Wednesday, April 21, 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. Atty. Reynaldo Bagatsing filed the said charges in relation to the unlawful bidding for the rehabilitation of 15 elementary schools in Manila. Bagatsing said that the bidding have benefited 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. 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.

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. 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 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 stressed that involvement of the city in this form of transaction ousted it with the chance to save funds. 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.

All the evidences presented by Bagatsing clearly manifest how public projects like this could become a breeding ground for illegal activities. While various laws may be present in order to eliminate these illegal acts, the number of people who value their personal interest more than that of the public's interest are still growing in numbers each day. As such, it becomes much harder to put these issues into the forefront. 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.

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

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