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 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 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. 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 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 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. Based from documents presented by Bagatsing, it was evident that there was a rush in implementing the bidding, as seen from the overlapping dates of the submission of letters of intent and the publication of the notice of invitation to bid. 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, 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. 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. 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. Hence, illegal acts become more difficult to resolve. 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.

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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