ANSWER! – Ombu orders Josie dela Cruz, Manny Pangilinan, et al

ANSWER! – Ombu orders
Josie dela Cruz, Manny
Pangilinan, et al

Josie dela Cruz, former Bulacan governor now PhilPost chief
Complaint states:

·      They faked there was bidding of 300 computer units for P9.5 million when the truth is there was none;
·      They faked there was publication of notice of bidding at Manila Bulletin when there was none;
·      They faked there was posting of notices of bidding on the bulletin board when there was none;
·      They faked there was posting of notices of bidding on PhilGEPS when there was none;
·      They faked there was posting of notices on PhilPost website when there was non;

The Office of the Ombudsman has issued two orders in relation to criminal and administrative charges of rigging computer supply contract, requiring answers from Philippine Long Distance Telephone Company’s Manny Pangilinan and PLDT CEO and president Napoleon L. Nazareno, Philippine Postal Corp. CEO and Postmaster General Maria Josefina M. Dela Cruz, PhilPost Chairman Cesar Sarino, all other members of the PhilPost Board, and PhilPost high-ranking officials.

            The Ombudsman gave them ten (10) days to file their counter-affidavits in both the criminal and administrative charges.

            The others ordered by the anti-corruption body were:
1.     Members of the Board of Directors of PhilPost – Felipe A. Hidalgo, Ronaldo Tuazon, Joel Otarra, Mory Q. Sison and Ma. Lourdes Varona;
2.     Mama S. Lalanto as chairman of the Bids and Awards Committee (BAC);
3.     Elizabeth C. Tungol as Vice-Chair of the BAC;
4.     Luis D. Carlos and Lee P. Viceral as members of BAC;
5.     Marietta Bartillo as Chief Accountant of PhilPost; and
6.     Vicente Esperanza III of Xitrix Computer Corporation.

            The criminal complaints filed against the respondents were Falsification and violation of Section 3(e) of Republic Act 3019.

The administrative charges of the acts involved were  Grave Misconduct, Dishonesty, Grave Abuse of Authority, and Conduct Prejudicial to the Best Interest of the Service.

The orders of the Ombudsman were the result of the complaint filed by Berteni Cataluña Causing, president of Alab ng Mamamahayag (ALAM), and Tirso Paglicawan, of the ALAM Philpost chapter.

The said complaint was filed in April 2012. The evaluation of the case took almost two years.  This confirms further that delay in justice is blatant.  Nevertheless, this action of the Ombudsman wakes up anew the fervor of anti-corruption activists.

In fact, the news of the filing of this complaint was even published in the April 16, 2012 edition of Inquirer.  See the image of the news.

Copy of the publication of the filing of the complaint.

In their complaint, it was alleged as follows:

“In an undated Contract for Supplies (for the procurement of 100 units of computer set and 45 units of barcode scanner), Dela Cruz’s entered into a contract, allegedly through public bidding with Xitrix Computer Corporation represented by Vicente Esperanza III.”

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“This particular procurement did not have any bidding and did not have any publication as required under the procurement and e-commerce law.”

“Additionally, the respondents declared in the said contract that there was compliance with these requirements of the law for procurement but THE TRUTH IS THERE WAS NONE, hence it was dishonesty in the highest.”

“They did the same acts in another contract denominated as “Repeat Order.”

“The contract price for this is FIVE HUNDRED NINETY-ONE THOUSAND NINE HUNDRED TWENTY-FIVE PESOS (Php591,925.00).”

xxx               xxx              xxx

“Not contented with the raid of public funds, the respondents again entered into another contract, this time with PLDT for the supplies of 200 computers and 200 internet connections.”

“A ‘Contract for Supplies For the Procurement of 200 Internet Connection with 200 Computer Units’ was entered into between the PhilPost represented by Maria Josefina M. Dela Cruz and PLDT through Napoleon L. Nazareno.”

“The same contract states in the whereas clauses that there was public bidding WHEN IN TRUTH THERE WAS NONE, that there was invitation for the procurement of the said equipment was published in the Manila Bulletin WHEN IN TRUTH THERE WAS NONE, that the same was posted in the BAC Bulletin Board of PhilPost main building WHEN IN TRUTH THERE WAS NONE, that the same was posted on PhilGEPS and PhilPost website WHEN IN TRUTH THERE WAS NONE.”

“The total amount of the contract is NINE MILLION FIVE HUNDRED FIFTEEN THOUSAND TWO HUNDRED PESOS (Php9,515, 200.00).”
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