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3 DPWH officials convicted over overpriced street lighting contract
3 DPWH officials convicted over overpriced street lighting contract
The Sandiganbayan Sixth Division has convicted three officials of the Department of Public Works and Highways Region 7 and a private individual of their graft charge involving the overpriced supply and installation of LED bulbs, traffic signal lanterns, and other traffic control devices as well as street lighting facilities in Lapu-Lapu City in 2006.
Found guilty beyond reasonable doubt are Regional Director Robert Gingging Lala, officer-in-charge chief of the Maintenance Division Pureza Anunciado Fernandez, Regional Legal Officer and BAC member Agustinto Page Hermoso, and GAMPIK Construction and Development Inc. Chairman of the Board Gerardo Sison Surla.
They were sentenced to suffer the indeterminate penalty of six years and one month as minimum to eight years as maximum, with perpetual disqualification from holding public office. Since there was no payment was released by the government to the subject contract, no civil liability was imposed.
On the other hand, four of them were acquitted of a separate graft charge involving the reportedly overpriced assembly of 300 sets of decorative lamps on Mandaue Causeway worth a total of P24,975,000 or P83,250 per set on Sept. 12, 2006.
In its 81-page ruling, the anti-graft court said that Lala, Fernandez, and Hermoso illegally and prematurely entered into a memorandum of understanding with GAMPIK on Nov. 22, 2006 and allowed the latter to proceed with the contract even before its actual bidding on Nov.r 28.
The accused awarded GAMPIK the P35,634,401.25 contract for the supply and installation of LED bulbs, traffic signal lanterns, and other traffic control devices at junctions ML Quezon Ave.-Terminal Bldg. Access Road and ML Quezon Ave.-Patalinghug Ave., as well as the supply and installation of street lighting facilities on Punta Engano Road Network and Patalinghug Ave., both in Lapu-Lapu City.
They reported the Program of Works and Estimates (POWE), Approved Budget for the Contract (ABC), and other related documents despite absence of legal requirements. The prosecution said the price was in excess of P12,629,816.99 and was beyond the 10 percent allowable price variance under CoA Circular No. 85-55A.
The court said that the MOU was the brainchild of Hermoso and was duly signed by Lala and Fernandez in behalf of DPWH Region 7. The three of them said in their defense that the date in the MOU was a mere typographical error, but the court said that this was just a "feeble excuse" on their part.
"Badges of conspiracy are evident in the manner by which accused Lala, Fernandez, and Hermoso have worked together as officials of DPWH Region 7 to predetermine GAMPIK as the winning bidder even prior to the actual bidding by executing the subject MOU," the Sandiganbayan said.
There was no proof that the remaining co-accused was aware of the MOU or that they participated in predetermining GAMPIK as the winning bidder.
They are Assistant Regional Director and BAC Chairman Marlina Sanchez Alvizo, officer-in-charge chief of the Maintenance Division Pureza Anunciado Fernandez, officer-in-charge chief of Assistant Chief of Maintenance Cresencio Tocmo Bagolor, chief of the Planning and Design Division and BAC member Luis Abregana Galang, chief of the Administrative Division and BAC member Restituto Rosell Diano, and BAC-Technical Working Group (TWG) members Buenaventurada Conol Pajo, Ayaon Sogador Manggis, and Marilyn Abrio Ojeda.
The decision was penned by Associate Justice Kevin Narce Vivero and concurred in by Sixth Division Chairperson Sarah Jane Fernandez and Associate Justice Karl Miranda.