The Sandiganbayan Sixth Division has acquitted two Philippine Navy (PN) officers and staff of their graft charge involving the purchase of reportedly substandard inflatable rubber boats for the PN worth P3.465 million back in 2010.
Inter-Agency Bids and Awards Committee (IABAC) Technical Working Group (TWG) members - Philippine Navy Lieutenant Malone Agudelo, Procurement Management Officer III Mervin Ian De Jesus Tanquintic, and Administrative Assistant III Alvin John Perater - were acquitted by the anti-graft court in a decision penned on September 4 "for failure of the prosecution to prove their guilt beyond reasonable doubt."
The three were the co-accused of former DBM Undersecretary Evelyn Guerrero and former Department of Finance (DoF) Director IV Lourdes Santiago, who were earlier acquitted after their demurrer to evidence was granted.
They were charged for failing to properly evaluate and post-qualify the seven Aquasport Hypalon Rubber Boat 470 of JOAVI Philippines Corporation in their undated Technical Evaluation Report and undated Post-Qualification Report.
The prosecution alleged that the three acted with manifest partiality, evident bad faith, and gross inexcusable negligence in preparing the reports because the Aquasports Hypalon Rubber Boat 470 offered by JOAVI had no intercommunication valves, over-pressure valves, and roll-up floor, which is needed by the Navy.
But in its ruling, the anti-graft court said the prosecution failed to successfully prove its accusations. The court said that JOAVI placed the lower bid at P3,465,000 compared to its competitor, Geneve with P5,495,000.
"Aguedo thoroughly evaluated the technical specifications of Aquasport Hypalon Rubber Boat 470, the Bidder's Statement of Compliance, product literature, brochures, manuals, eligibility documents, and other documents post-qualification," the decision read.
"Tanquintic compared, evaluated, and verified the Bidder's Statement of Compliance, the literature, ISO Certification, Omnibus Sworn Statement, Certificate of Conformity, Certificate of Registration, and picture of the rubber boat, brochures, and all documents submitted by JOAVI. Perater conducted a table evaluation of the documents submitted by JOAVI," it added.
The court said the failure of JOAVI to deliver the rubber boats within the period required in the bidding documents is an irrelevant matter during bid evaluation and post-qualification. It is a ground for the termination of the contract, but not ground to disqualify JOAVI during evaluation and post-qualification.
The court likewise noted in its decision that it will not "condone" the filing of "baseless charges" by losing bidders against procurement practitioners and winning bidders, especially when it is clear that the losing bidder did not even comply with all the bidding requirements.
"While the Government Procurement Act guarantees competition, transparency, and accountability in the procurement process, procurement practitioners and winning bidders should be shielded against accusations that only delay the procurement process," the decision read.
The 32-page decision was written by Associate Justice Karl Miranda with the concurrence of Chairperson Sarah Jane Fernandez and Associate Justice Kevin Narce Vivero.