Four ranking officials of the Department of Public Works and Highways (DPWH) in Region VII and seven other employees were charged yesterday before the Sandiganbayan for the alleged anomalous P35-million street lighting projects in Lapu-Lapu City in 2007.
Charged with violation of Section 3 (e) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act) were Regional Director Robert Lala; Assistant Regional Directors Gloria Dindin and Marlina Alvizzo, who is also the chairperson of the bids and awards committee; and Maintenance Division officer-in-charge Pureza Fernandez.
Also charged were BAC members Cresencio Bagolor, Agustinito Hermoso, Luis Galang and Restituto Diano, Technical Working Group (TWG) members Ayaon Manggis, Marilyn Ojeda and Teresa Bernido, and private respondent Gerardo Surla.
The case was filed based on the recommendation of the Office of the Ombudsman after finding probable cause to indict the respondents in court.
Court records showed that the said officials allegedly “willfully, unlawfully and criminally cause the award through negotiated procurement of Contract ID No. 06H00048 consisting of four projects.”
These projects included the supply and installation of testing and commissioning of L.E.D. bulbs, traffic signal lantern and other traffic control devices at junctions ML Quezon Avenue-Terminal Bldg. access road and ML Quezon Avenue-Patalinghug Avenue; and supply and installation of street lighting facilities along Punta Engaño Road Network, Lapu-Lapu City.
The two other projects were the supply and installation of street lighting facilities (decorative lamps) along Patalinghug Avenue (ML Quezon-Sangi section), Lapu-Lapu City; and Supply and installation of street lighting facilities (decorative lamps) along Patalinghug Avenue (ML Quezon-Sangi Section), Lapu-Lapu City on March 8, 2007.
The contract, which costs P35,634,401.25, was signed between Dindin and Surla, chairman of the board of Gampik Construction and Development Inc.
In awarding the contract to Gampik, the respondents allegedly resorted to negotiated bidding and not competitive bidding in violation of RA 9184 (Government Procurement Reform Act).
It was also discovered that the contract price for the said project is “in excess by P12,629,816.99 as against the Ombudsman computation of only P23,004,584.2” in violation of COA Circular No. 85-55A which only allows a 10% price variance.
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