New no-bidding case vs Josie Dela Cruz, et al

New no-bidding case vs Josie Dela Cruz, et al

Have they become notorious for no-bidding at the Philippine Postal Corporation?

Alab ng Mamamahayag (ALAM) filed last Friday, 27 April 2012, new administative and criminal charges before the Office of the Ombudsman against Postmaster General Maria Josefina Mendoza Dela Cruz, 11 other ranking officials of the PhilPost, and two private individuals for conspiracy in coming out with a contract with CIS Bayad Center, Inc. without public bidding.

The private individuals who were charged were identified as Oscar S. Reyes, chairman of the board of  directors of CIS Bayad Center, Inc., and Manuel L. Tuazon, president and chief executive officer of CIS Bayad Center, Inc.

ALAM president Berteni C. Causing and ALAM PhilPost chapter president Tirso N. Paglicawan, Jr., filed these cases on their behalf as citizens and taxpayers who contributed to the monies, aliqout parts of which were disbursed in this said illegal contract.

Dela Cruz and the other PhilPost officials were administratively charged with grave misconduct, grave abuse of authority and conduct prejudicial to the best interest of the service.

Along with the two private persons, Dela Cruz and her minions were also criminally charged with violation of Section 3(e) of Republic Act No.3019, an act of giving unwarranted benefit to a private party in the person of CIS Bayad Center, Inc.

The said private party was deliberately favored in violation of the Procurement Law that requires public bidding. 

Dela Cruz was the one only signed the contract with CIS Bayad Center and Assistant Postmaster General (APMG) for Operations Luis D. Carlos acted as the witness for the PhilPost.

All the members of the board of directors of the PhilPost deliberately acquiesced to the commission of the illegal acts despite knowledge that the contract was illegal for having no bidding and no publication of all the required documents.

The chairman of the bids and awards committee (BAC) in the person of APMG Mama Lalanto and the members of the BAC namely, Elizabeth C. Tungol, Carlos and PhilPost Legal Service director Atty. Lee P. Viceral  were also deemed to have committed the same adminstrative and criminal offenses because they did not demand the bidding as a matter of obligation as members and chair of the BAC.

This is the second complaint filed by ALAM against Dela Cruz and the same Philpost officials.

The first case was about the contract for the supply of 200 units of computers with internet lines awarded without public bidding to Philippine Long Distance Co. (PLDT).

ALAM president Causing stressed that these public officials also committed grave abuse of authority for deliberately abusing their powers to railroad the bidding and evade the required publications.

All these officials of PhilPost are being impleaded in this charge because they participated in the illegal act, by conspiracy and by commission or omission.

Dela Cruz and her fellow offficials were also charged with conduct prejudicial to the best interest of the service because they did not give the service expected of them as holding such positions.

Reyes and Tuazon of Bayad Center were criminally charged because that contract cannot be signed or executed without the conspiracy from the two.

Causing and Paglicawan noted there was no justification why of all entities capable of providing the same services, only CIS Bayad Center, Inc. has been favored. 

The complaint also said: “It is also an administrative offense of grave misconduct considering these were done wilfully to violate the procurement law that they are fully aware of...”

Causing and Paglicawan presented news clippings published in the PhilPost Courier, the official organ of the state courier, and in Inquirer. 

They also showed photos that CIS Bayad Center has already been in operations.

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