Ex-BFAR officials, 2 private individuals ordered to answer graft complaint in P2-B marine project
The Office of the Ombudsman (OMB) has ordered former Bureau of Fisheries and Aquatic Resources (BFAR) director Eduardo B. Gongona, two other former officials, and two private individuals to answer the graft complaint filed against them in the P2.09 billion Integrated Marine Environment Monitoring System (IMEMS) project in 2018.
"The respondents are directed to file their counter-affidavit…, together with the affidavit of their witnesses, and other supporting documents, if any, within 10 days from receipt of this order," the OMB said in an order issued by Ombudsman's Preliminary Investigation and Administrative Adjudication Bureau (PIAB-F) Acting Director Ruth Laura A. Mella.
Should the respondents fail to file their counter-affidavit, the Ombudsman would take it as a waiver of their right to submit contravening evidence and the investigation will then proceed accordingly, the order also stated.
Also, the order stressed that “no motion to dismiss, motion for bill of particulars, or other dilatory motions shall be entertained.”
Aside from Gongona, also named in the complaint were BFAR bids and awards committee (BAC) chairpersons Demosthenes R. Escote and Hansel O. Dodilo and private individuals from SRT Marine Systems Solutions Ltd. chief financial officer Simon Tucker and chief executive officer Richard Hurd.
They were charged with graft by lawyer James Mier Victoriano.
Gongona and the other respondents could not be contracted as of posting. Manila Bulletin will also publish their counter-affidavits once available and officially filed with OMB.
Victoriano said the BFAR project required all fishing vessels to have a monitoring system that would provide its location while at sea, and this would help improve BFAR's Monitoring Control and Surveillance (MCS) program.
He said the project was supposed to be funded by a loan from the French government and had a P1.6 billion approved budget. However, there was a condition that the bidders must be French or a joint venture involving a French firm.
He also said the BFAR eventually awarded the contract to SRT Marine Systems, but the French government said it was ineligible because it was a British company. Another bidding took place in 2018, and SRT once again won. This time, though, the budget had an increased budget of P2.09 billion with local funding, he said.
Also in his complaint, Victoriano alleged there were irregularities in the awarding of three-year IMEMS contract to SRT.
It appears in the records that the contract is no longer effective since the notice to proceed was Dec. 4, 2018 with an expiry date set on December 4, 2021, he said.
Victoriano’s complaint involved alleged violations of Sections 3(e), 3(g), and 3(j) of Republic Act (RA) 3019, the Anti-Graft and Corrupt Practices Act; Sections 30, 34, 65(c), and 65(d) of RA 9184, the Government Procurement Reform Act; and Section 23.6 of the Revised Implementing Rules and Regulations of RA 9184.
In its order, the OMB directed the respondents to furnish Victoriano with copies of their counter-affidavits, affidavits of witnesses, and other supporting evidence.