The Office of the Ombudsman has found probable cause to indict former Libertad, Misamis Oriental mayor Alberto Acain for two counts of violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) for the highly irregular procurement of fertilizers in 2004. Also charged are members of the Bids and Awards Committee (BAC); namely, Lucia Almeñe, Oscar Benlot, Isidro Gervacio, Elizabeth Pagalan and Sergio Jacalan, Jr.; as well as representatives of Green’s International Enterprises (GIE), Ricardo Mendoza, Jr. and Ma. Lourdes Mendoza.
The charges were based on the findings of the Commission on Audit that Acain et al resorted to direct contracting instead of public bidding in the procurement of two batches of fertilizers worth P4.99million.
The records revealed that GIE immediately submitted a “bid quotation” the day after the purchase request was issued, specifying a particular brand in violation of procurement rules.
According to Ombudsman Conchita Carpio Morales, respondents’ actions were “evidently issued to cover-up the pre-selection of GIE as supplier of the fertilizers.” The Ombudsman added that by procuring fertilizers without the benefit of competitive public bidding, the government suffered injury because it was not given the opportunity to avail itself of the best product or service at the lowest price in the market.
Any act by virtue of a public official’s administrative or judicial functions which causes undue injury to any party, or gives rise to unwarranted benefits, advantage or preference to any private party through manifest partiality, evident bad faith or gross inexcusable negligence is punishable under Section 3(e) of R.A. No. 3019. ###