OMBUDSMAN Merceditas Gutierez has approved the filing of criminal and administrative charges against former Aloguinsan Mayor Cynthia Moreno and seven others, in connection with the allegedly irregular procurement of materials for the new municipal building’s roof in 2007.
The anti-graft office found probable cause to charge the respondents before the Sandiganbayan.
The case involves the procurement of aluminum panels allegedly without the public bidding required under Republic Act 9184.
The officials then allegedly falsified a certificate of canvass, to make it appear that other suppliers had competed for the contract.
The ombudsman’s resolution said there was no justification for the direct contracting or single source procurement.
“It is clear to us that the bidding process, which purportedly led to the award of the contract, had been rigged from the very beginning to do away with the usual public bidding,” the resolution said.
To be charged along with the former mayor are Bids and Awards Committee (BAC) chairperson Pepito Manguilimotan, vice chairperson Nonela Villegas, Municipal Agricultural Officer Marilyn Flordeliza, utility worker Gertrudes Ababon, Municipal Assessor John Lim, Municipal Engineer Orven Nengasca and utility worker Emelia Luz Celis.
Five others were cleared, for lack of probable cause: revenue collection clerk Christopher Brigoli, municipal treasurer Maricar Rosario, utility worker Primo Abajo, casual official canvasser Lyn Tojino and Diamond Interior Industrial Corp. representative Jelyn Llorando.
The complainant, Felimon Gersua Jr., had alleged that the municipality paid P1.11 million, after taxes, for aluminum composite panels and other roofing materials from Diamond Interior Industries Corp.
Gersua said that on Sept. 17, 2007, Moreno issued a justification of the direct purchase. Among their grounds was that the company was the sole distributor of the materials.
In her answer, Moreno said that on Jan. 6, 2006, she approved the program of works for the purchase of 311 sheets of aluminum composite panel for the new municipal hall.
She also approved the purchase request on Feb. 20, 2007.
She added that according to the town’s records, Diamond Interior, MGJ Installer and DTTS Corp. participated in the canvassing of prices on March 14, 2007.
Since Diamond submitted the lowest price and had a certification from Auland Panel Material that it is the exclusive distributor of aluminum composite panels, she signed the purchase order dated March 22, 2007.
But because the certification of exclusive distributorship was not in its prescribed form, Manguilimotan advised her that a public bidding be conducted, Moreno said.
The bidding was conducted on Aug. 25, 2007 and attended by JAH Builders, Maliege G. Glass and Aluminum Center and Diamond.
The BAC awarded the project to Diamond after it offered the lowest price.
The goods were delivered on July 11, 2007.
The anti-graft office, however, said: “It was a mock bidding because the bid documents therein were not used to support the payment of the subject materials
