FORMER Bacolod City mayor Monico Puentevella and five previous members of the Bids and Awards Committee (BAC) were given 10 days to answer the administrative and criminal complaints filed against them before the Office of the Ombudsman-Visayas in Cebu City.
The order, dated January 5, 2018, was signed by Acting Director Euphemia Bacalso on behalf of Deputy Ombudsman for the Visayas Paul Elmer Clemente.
The complaint was filed by executive assistant Samuel Montoyo on November 21, 2017 against Puentevella; Jerome Solinap, head of General Services Office and former chairman of BAC; Maria Agueda Trinidad de la Torre, former BAC vice chairman; and former BAC members Ephraem Hechanova, Maximino Sillo, and Mae Cuaycong on the alleged procurement of P12-million road grader for the City Engineer’s Office in 2015.
Montoyo said Tuesday, February 27, that he received the copy of the order on February 26.
The order stated that the Ombudsman found enough basis to proceed with the criminal and administrative investigation of the violations of Section 3 (e) and (g) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act; RA 9184 or the Government Procurement Reform Act; violation of Article 220 or Illegal Use of Public Funds or Property; Article 171 or Falsification by Public Officer, Employee or Notary or Ecclesiastic Minister of the Revised Penal Code; for conduct prejudicial to the best interest of the service; grave misconduct; and gross neglect of duty.
The respondents were required to submit proof of service of their counter-affidavit and evidence to the complainant, who may file reply-affidavit within an extendible period of 10 days from receipt of the same, the Ombudsman said.
Montoyo said he will inquire with the Office of the Ombudsman why Victor Emmanuel Espina, former BAC secretariat member, was not included in the order.
He said Espina was part of the transaction and he should be included in the case.
Montoyo said that in 2015, Puentevella made a purchase request of the road grader in which the P9-million budget will be taken from the CEO and the P3 million will be taken from the Disaster Risk Reduction Management Office.
The lone bidder was the Megamight Enterprises based in Davao City with the total bid of P9.6 million.
Montoyo said the members of the BAC approved a resolution that the Megamight should reduce its bidding from P9.6 million to P8.5 million because the unit was made of China.
He said the Megamight submitted its abstract bid of P8.5 million.
On August 30, 2017, Noel Impreso, officer-in-charge of CEO, submitted a certification to the City Legal Office stating that the brand new road grader is not serviceable.
On July 20, 2017, Abraham Alagon Jr., authorized representative of Megamight, sent a letter to Leonardia, saying they will voluntarily replace the unit.
Montoyo said, though, that until now, the Megamight failed to do so.
