By Czarina Ong Ki
The Sandiganbayan Sixth Division has convicted five officials from the Department of Public Works and Highways (DPWH) for graft due to an allegedly anomalous asphalt overlay project undertaken in 2008, and sentenced them to six to eight years imprisonment.
Department of Public Works and Highways (MANILA BULLETIN)
On January 8, 2008, the late DPWH Director IV Rolando Martin Asis and bids and awards committee (BAC) Chairman Berna Colago Coca and members Luvisminda Narcisco, Danilo Peroy, Marilyn Hilaga Celiz, and Fernando Tuares were accused of violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act.
This was for giving International Builder's Corporation (IBC) unwarranted benefits by awarding it the asphalt overlay project in Iloilo-Jaro Diversion Road even without the conduct of public bidding and an appropriation to cover the expenditure for the said project.
The anti-graft court said in its decision that it was the BAC's "bounden duty" to ensure that the procuring entity abides by the standards set for by R.A. 9184, otherwise known as the Government Procurement Reform Act.
But Tuares, who was tasked to oversee the project, admitted that no appropriation had been earmarked for the asphalt overlay.
Narciso and Celiz tried to reason that the procurement of the asphalt overlay project without the availability of funds was allowed by the Government Procurement Policy Board (GPPB), but the court said their argument was "specious."
"The said law presents a novel policy which requires, not only the sufficiency of funds at the time of the signing of the contract, but also upon the commencement of the procurement process," the court clarified.
R.A. 9184 does allow negotiated procurement, but only during certain circumstances - if there is an existing emergency, if there is prior approval to resort to negotiated procurement, and if the chosen supplier is technically, legally and financially capable.
But in this case, the court said "neither an extraordinary circumstance nor a calamitous event within the contemplation of R.A. 9184 justify accused's resort to negotiated procurement."
Before the asphalt overlay project's implementation, there was no clear or imminent danger to motorists and tourists that would demand a quick-fix solution via a negotiated procurement.
"Accused members of the BAC acted with manifest partiality and gross inexcusable negligence in their brazen abridgement of the applicable law," the decision read.
Aside from imprisonment, the five officials from the DPWH Region 6 office also face the accessory penalties of perpetual disqualification from public office and loss of retirement or gratuity benefits under any law.
The graft charge against Asis has been ordered dismissed in light of his death.
The 48-page decision was written by Associate Justice Kevin Narce Vivero with the concurrence of Chairperson Sarah Jane Fernandez and Associate Justice Karl Miranda.
Department of Public Works and Highways (MANILA BULLETIN)
On January 8, 2008, the late DPWH Director IV Rolando Martin Asis and bids and awards committee (BAC) Chairman Berna Colago Coca and members Luvisminda Narcisco, Danilo Peroy, Marilyn Hilaga Celiz, and Fernando Tuares were accused of violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act.
This was for giving International Builder's Corporation (IBC) unwarranted benefits by awarding it the asphalt overlay project in Iloilo-Jaro Diversion Road even without the conduct of public bidding and an appropriation to cover the expenditure for the said project.
The anti-graft court said in its decision that it was the BAC's "bounden duty" to ensure that the procuring entity abides by the standards set for by R.A. 9184, otherwise known as the Government Procurement Reform Act.
But Tuares, who was tasked to oversee the project, admitted that no appropriation had been earmarked for the asphalt overlay.
Narciso and Celiz tried to reason that the procurement of the asphalt overlay project without the availability of funds was allowed by the Government Procurement Policy Board (GPPB), but the court said their argument was "specious."
"The said law presents a novel policy which requires, not only the sufficiency of funds at the time of the signing of the contract, but also upon the commencement of the procurement process," the court clarified.
R.A. 9184 does allow negotiated procurement, but only during certain circumstances - if there is an existing emergency, if there is prior approval to resort to negotiated procurement, and if the chosen supplier is technically, legally and financially capable.
But in this case, the court said "neither an extraordinary circumstance nor a calamitous event within the contemplation of R.A. 9184 justify accused's resort to negotiated procurement."
Before the asphalt overlay project's implementation, there was no clear or imminent danger to motorists and tourists that would demand a quick-fix solution via a negotiated procurement.
"Accused members of the BAC acted with manifest partiality and gross inexcusable negligence in their brazen abridgement of the applicable law," the decision read.
Aside from imprisonment, the five officials from the DPWH Region 6 office also face the accessory penalties of perpetual disqualification from public office and loss of retirement or gratuity benefits under any law.
The graft charge against Asis has been ordered dismissed in light of his death.
The 48-page decision was written by Associate Justice Kevin Narce Vivero with the concurrence of Chairperson Sarah Jane Fernandez and Associate Justice Karl Miranda.