Ombudsman Conchita Carpio Morales ordered the filing with the Sandiganbayan of Informations for violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) against six officials of the Department of Budget and Management (DBM) for the purchase of substandard inflatable rubber boats from JOAVI Philippines Corporation (JOAVI) in 2010.
Set to face trial for graft are Undersecretary Evelyn Guererro, Director IV Lourdes Santiago, Procurement Management Officer V Julieta Lozano, Procurement Management Officer III Mervin Ian Tanquintic, Administrative Assistant III Alvin John Perater and ad hoc member Lt. Malone Agudelo, together with Anthony Hernandez of JOAVI.
Several procurement violations in the acquisition of the rubber boats were uncovered such as JOAVI’s non-compliance with the DBM-Procurement Service technical specifications as the rubber boats were not equipped with intercommunication or inflation valves, over-pressure valves and roll-up floor; the design of the boats as a sports model and not as a military model; and the submission of falsified technical evaluation report and post-qualification report.
Section 3(e) of R.A. No. 3019 punishes a public officer who, in the discharge of his official functions, acts with manifest partiality, evident bad faith, or gross inexcusable negligence causing undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage, or preference.###