Wednesday, April 21, 2010

Mayor Alfredo Lim And Colleagues Involved In Illegal 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 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 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.

After obtaining an online copy of the bid notice abstract from the Philippine Government Electronic Procurement (PhilGEPS), Bagatsing immediately filed a complaint before the Ombudsman. 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 rigging of the said public building failed to adhere to 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. Hence, it is undeniable that the haste actions of the participating parties were incongruent to the bidding rules and time frames covered by the 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. 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.

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 noted that by associating with such contract, the major players in the bid chose to deprive Manila the opportunity to save funds which could have been used for future projects. The complainant called forth for the Ombudsman to closely examine the existence of these illegal acts. As such, the justice due to the residents of Manila would be granted to them.

From the evidences shown by Bagatsing, it is apparent that public projects can be turned into the milking cows of officials. 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. The involvement of Mayor Alfredo Lim in such form of activities could affect his political career if all of these are proven real; but whether or not this is true, such illegal act serves as a proof of the abusive power of men.

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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