12 ex-DPWH execs get 10 years over lamppost deal

MANILA, Philippines — Twelve former officials of the Department of Public Works and Highways (DPWH) in Central Visayas have been sentenced to up to 10 years in prison in connection with the anomalous awarding of an P83.94-million lamppost project in Lapu-Lapu City, Cebu.

The installation of the lampposts was part of the preparations for the Philippines’ hosting of the Association of Southeast Asian Nations (ASEAN) Summit in 2007.

In a 174-page decision promulgated on Dec. 2, the Sandiganbayan’s Seventh Division found Robert Lala, former chief the DPWH-Central Visayas, and 11 of his subordinates guilty of violating Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Aside from a minimum of six years and one month to a maximum of 10 years in prison, the respondents were perpetually disqualified from holding public office.

Convicted along with Lala were former DPWH-Central Visayas assistant director Marlina Alvizo, who chaired the bids and awards committee; Pureza Fernandez of the DPWH Maintenance Division; and BAC members Cresencio Bagolor, Teresa Bernido, Julito Cuizon, Luis Galang, Agustinito Hermoso, Ayaon Manggis, Marilyn Ojeda, Arturo Radaza and Rogelio Veloso.

Private respondent Isabelo Braza, president and chairman of the board of FABMIK Construction and Equipment Supply Co. Inc., was among those convicted in the case filed by the Office of the Ombudsman in 2008.

The case stemmed from the award of the project to FABMIK Construction for the supply and installation of 199 lampposts from the Mandaue-Mactan Bridge 1 to Punta Engaño Section in Lapu-Lapu City.

The ombudsman said the respondents violated RA 9184 or the Government Procurement Reform Act as no public bidding was conducted for the project.

It said the contract was overpriced by P13 million to P18 million.

In convicting the respondents, the anti-graft court said the ombudsman’s prosecution team presented sufficient evidence showing the respondents colluded to make it appear that the processes for the procurement and awarding of the contract to FABMIK were in order.

The Sandiganbayan said the DPWH officials as well as Braza rigged the bidding.

“He provided the design and the specifications for the lampposts and submitted a bid to make it appear that he is a legal bidder. His bid matches the program of works and estimates as well as the plans and specifications to make it appear that he should be the winning bidder,” the Seventh Division said, referring to Braza.

The decision was penned by Associate Justice Georgina Hidalgo with the concurrence of Associate Justices Ma. Theresa Dolores Gomez-Estoesta and Zaldy Trespeses.

Court records further showed that on Sept. 19, 2020, the Sandiganbayan’s Sixth Division also convicted Lala, Fernandez and Hermoso in connection with the anomalous awarding of another contract amounting to P35.6 million to private supplier GAMPIK Construction and Development Inc.

The contract was connected to the same 2007 lamppost deal.

Lala, Fernandez and Hermoso were sentenced to six to eight years in prison, although the case is currently under appeal before the Supreme Court.