The Office of the Ombudsman on Thursday ordered the six-month preventive suspension of six Commission on Elections (Comelec) officials linked to the botched P690-million ballot secrecy folder contract.
In a 10-page decision, Ombudsman Merceditas Gutierrez said there were "sufficient grounds" to suspend Comelec Executive Director Jose Tolentino and Bids and Awards Committee (BAC) chief Maria Lea Alarkon for the alleged overpriced contract for folders that were supposed to be used in the May 10 automated elections.
Also ordered suspended were Allen Francis Baya, Maria Norina Tangaro-Casingal, Martin Niedo and Antonio Santella, all members of BAC.
Comelec commissioner Rene Sarmiento was quoted in a radio dzBB report as saying that they would effect the suspension of the six Comelec officials on Friday.
The suspension order came three weeks after the Ombudsman recommended the filing of charges against the same Comelec officials for allegedly violating Republic Act 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).
The Ombudsman also wanted them charged with Dishonesty, Gross Neglect of Duty, Grave Misconduct and Conduct Prejudicial to the Best Interest of Public Service.
The six officials were also accused of violating Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, when BAC allegedly gave One Time Carbon (OTC) Paper Supply, the company that won the bidding for the folders, advancer copies of the requirements for secrecy folders.
Having the "advancers," the OTC was able to produce folders that were "tailor-fit" to Comelec's specifications, giving them undue advantage over other bidders.
Comelec's three-man panel tasked to investigate the controversy had also sought the filing of charges against the six officials.
The panel under Comelec law department head Ferdinand Rafanan also said Comelec chairman Jose Melo and other commissioners should be held liable for promulgating Comelec en banc Resolution No. 8795, which basically approved the deal.
Rafanan, in his report, said "negligence" on the part of Melo and the other commissioners "might constitute betrayal of public trust, which is a ground for impeachment."
But Comelec Commissioner Rene Sarmiento denied there was anything in the panel's report that recommended the impeachment of the Comelec en banc. He said Melo and the other commissioners should not be blamed for the irregularities in the deal, noting that they were the ones initiated the investigation.
Melo had admitted that the poll body en banc and the BAC committed a lapse in judgment when they awarded to OTC the contract to supply and deliver 1,815,000 pieces of 25-inch long ballot secrecy folders for P690 million.
The poll body canceled the contract after finding out that each folder would have cost P380.
The Comelec also said that the number of folders to be purchased exceeded what was actually needed in the elections.
Under Comelec Resolution 8786, there should be 22 folders per clustered precinct. There were 76,340 clustered precincts last elections, which meant the poll body only needed 1,679,480 million folders or 135,520 folders less than the number specified in the now aborted contract.— LBG/KBK
