Top Davao Oriental State College officials to be tried for bidding anomalies
30 May 2017
The President of the Davao Oriental State College of Science and Technology (DOSCST) is set to face trial before the Sandiganbayan for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019). The Office of the Ombudsman found probable cause against President Jonathan Bayogan, together with Airma Ladera (Chairman, Bids and Awards Committee), Vivian Labasano (OIC-Director for Administrative Services), BAC members Minerva Mangan-Maglana and Erlinda Patosa for violation of Section 3(e) of Republic Act No. 3019 for non-compliance with the Government Procurement Reform Act (Republic Act No. 9184) in undertaking a project in 2006.
The OMB-Mindanao Field Investigation Unit found that in March 2006, the DOSCST procured supplies and equipment for its Funda Laboratory without public bidding and sans any Approved Budget for the Contract (ABC). Procurement documents showed that respondents obtained quotations from three suppliers and immediately opened their bids. However, after the opening of quotations, respondents allowed another bidder, Multilab, to submit its offer and eventually awarded the project to the latter, thru, the alternative method of Shopping.
The quotations showed that the offers ranged from P225,000.00 to P300,000.00 - budgets which are beyond the procurement thresholds through shopping prevailing at that time. Applicable procurement regulations in 2006 require that for projects with ABCs exceeding P250,000.00, a procuring entity must conduct competitive bidding.
Ombudsman Conchita Carpio Morales stated that “without public bidding, the government was denied [of] other reasonable prices and quality goods from other suppliers. In fact, the defibrillator supplied by Multilab was defective.”
Section 3(e) of R.A. No. 3019 prohibits public officials from causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. ###