QUEZON CITY --- The Office of the Deputy Ombudsman for Luzon based here has found Sipocot, Camarines Sur Mayor Theresa B. de la Pena and five other members of the municipal government’s bids and awards committee (BAC) guilty of dishonesty and conduct prejudicial to the best interest of public service. Two other private respondents were recommended included in the criminal prosecution of the case.

The issue, however, of whether or not any penalty is warranted as regards Mayor de la Pena, according to the Ombudsman, has been rendered moot and academic by virtue of the municipal mayor’s re-election last May 14, 2007 which resulted to “condonation of whatever misconduct she might have committed during her previous term.”

        Unfortunately, for the other respondents, the administrative penalty for dismissal from service, with cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification for re-employment in government service has been meted against the five members of Sipocot LGU BAC, namely: Doroteo C. Cabingan, chairman; Emma Eden A. Balonzo, vice-chairman; Zenaida C. Sabando, secretary; and members Donato C. Abendanio, Jr, and Rebecca A. Royales.

        The Ombudsman decision stressed that dishonesty is a form of conduct, which connotes lack of integrity; a disposition to defraud, cheat, deceive, or betray and an intent to violate the truth.

        It further averred that the conduct assumes greater meaning when the offender is a public officer, like the respondent municipal mayor and the five members of the town’s bids and awards committee.

Criminal offense

        On the criminal aspect of the case, the Ombudsman’s joint resolution recommended that an Information be filed against all the respondents for violation of R.A. 3019, otherwise known as the Government Procurement Reform Act of 2003. Both the resolution and the joint decision for the criminal and administrative aspects of the consolidated complaints were penned by Graft Investigation and Prosecution Officer II Floriza A. Briones and approved by Ombudsman Ma. Merceditas N. Gutierrez upon the recommendation of Deputy Ombudsman for Luzon Victor C. Fernandez.

        Sipocot Municipal Councilors Robell A. Astor, Cielo G. Lontok, Arnulfo R. Nocos, and Carmela M. Penano first filed the complaints upon learning of alleged anomalous procurement of fifty-three units of reconditioned multi-cabs presumably for the use of the municipal government.

        Their complaints were bolstered by an audit investigation conducted by the regional office of the Commission on Audit based in Legazpi City.

        The audit report found out that the multi-cabs were overpriced by P67,250.00 per unit, “thereby causing undue injury to the government in the aggregate amount of P3,564,250. Accordingly, the COA, represented by Alith B. Mirando, filed its formal complaint against Mayor de la Peña and the other respondents.

        Both the complaining municipal councilors and COA noted that the notice for bidding of the controversial vehicles were published in a local weekly (not the Bicol Mail), but despite the local publication, nobody came from Naga City or anywhere in Bicol. Instead, bidders came all the way from Cebu, Iloilo and Metro Manila “which [were] not places of circulation” of the local weekly concerned.

        Interestingly, the COA report said, the other bidders were just dummy corporations and the authority to sign allegedly issued to their representatives were spurious, “the name of the notary public unknown in the locality as shown by the certifications issued by the different courts of the region.”

Conspiracy

        In sum, the Ombudsman concluded that the transaction entered into by Mayor de la Peña, et al. with supplier Diakim General Merchandize “defrauded and caused injury to the government and that the respondents committed the offense in conspiracy with one another.”

        The conspiracy, according to the Ombudsman, started from publication of the invitation to bid up to actual bidding, which was re-scheduled upon the order of Mayor de la Peña last March 2004.

        It said the conspiracy continued up to the issuance of the acceptance and inspection report prepared by Cabingan and Inspection Officer Miguel Cada who fraudulently stated that they have accepted and inspected the 53 multi-cab units last May 10, 2004 and May 11, 2004, respectively, to facilitate payment when in truth and in fact only 15 units were delivered as of June 4, 2004.

        Although Cada was not originally included as respondent in the cases filed by the municipal councilors, his name was implicated by the COA complaint and hence was nevertheless meted with the same penalty imposed by the Ombudsman on the other respondents.

        Also included in the recommended filing of information for violation of R.A. 3019 were private respondents Dolores V. Gilongos, owner of Diakim Gen. Merchandize, and its agent, Alan D. Salonga.

        While admitting that their victory is not yet complete, the complainant municipal councilors said they are currently consulting with their lawyer to re-study the Ombudsman’s decision condoning Mayor de la Pena’s administrative penalty. They also hoped that the criminal aspect of the case be expediently resolved.