CEBU, Philippines — An incumbent barangay captain and three councilmen of Canjulao in Lapu-Lapu City have been ordered dismissed from service.
Dismissal from service carries with it cancellation of all civil service eligibilities, forfeiture of all benefits, and perpetual disqualification from holding public office.
In a decision dated December 13, 2017 and released this week, the Office of the Ombudsman has found Canjulao Barangay Captain Nestor Paypa and Councilmen Emelia Baguio, Girlie Angel Rios, and Salomeo Berame guilty of grave misconduct over irregularities in the procurement processes.
“For respondents to have violated such basic but essential rules in their alleged biddings not only goes against the very principles that govern the government procurement process but also taints their purported biddings with such irregularity as to render the same little more than a farce,” reads the decision penned by Graft Investigation and Prosecution Officer III Luanne Ivy Cabatingan.
In its complaint, Field Investigation Office (FIO) alleged Paypa, who was the Bids and Awards Committee (BAC) chairman, and BAC members Baguio, Rios, Berame, Sandra Cabalhug, Magdalena Bering, and Wenda Dungog committed grave misconduct when they approved 17 procurements worth over P2 million in 2010 sans proper bidding procedures.
The BAC officials, FIO said, failed to observe the bidding rules, such as requiring prospective bidders to submit documents and inviting observers to the 17 bidding schedules.
Cabatingan said the respondents failed to observe the bidding procedures as laid down in the Implementing Rules and Regulations of Republic Act 9184 or the Government Procurement Reform Act.
“On the irregularities uncovered during the fact-finding investigation, respondents could not even explain how or why they committed such violations. They have not proffered any explanation for how BEYG could have possibly even be a qualified bidder when it could not have submitted all the requirements that were to be submitted by prospective bidders for the subject procurements,” the decision reads.
The BAC reportedly awarded all the 17 procurements to the contractor, BEYG Enterprises.
In their respective counter-affidavits, respondents, however, denied the allegations filed against them.
They claimed that they had “acted in good faith” during the entire bidding process for all the subject procurements of limestone, computer, tents, multicab with siren, electrical supplies, tanod equipment and paraphernalia, office supplies, sports equipment, uniforms, chairs, garbage truck, photocopier, megaphones, typewriter, tank, and tables, among others.
Cabatingan found Paypa, Baguio, Rios, and Berame administratively liable, while the case against Cabalhug, Bering, and Dungog was dismissed.
“In view of the fact that respondents Cabalhug, Bering, and Dungog were no longer in government service when the present case was docketed, the Office has no administrative jurisdiction over them and the administrative case against them must accordingly dismissed,” it further reads. (FREEMAN)