Friday, May 7, 2010

Mayor Alfredo 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. 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. It is noteworthy, based from Bagatsing's obtained bid notice, that the said invitation was posted last February 18, 2010, and on that same post also specified that interested bidders can submit their letters of intent from February 10-16, 2010""dates that have already elapsed by the time the notice was posted. 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 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.

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. Because the Bids and Awards Committee knowingly continued the scheme despite it being illegal, they are held liable for violating 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 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. 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. Despite the presence of laws that are aimed to deter the existence of fraudulent acts within the government, the people who condone these acts are growing in number each day. 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.

No comments:

Post a Comment