(Editor's Note: The following criminal cases against Quezon Gov. Wilfrido L. Enverga, among other respondents, before the Philippine Ombudsman have been in pendency since 2001. There is no explanation why this is so despite the allocation of sizeable sums annually for the Ombudsman's budget. Recently, the US government gave special grant of US$20M to the anti-graft office. After the fanfare has died down from receipt of the endowment, nothing was heard of from it. In credit and collection, there is what we call Accounts Aging. With this system one is made aware of the vintage of one item. A software is in the market twenty years ago.In any legal system there is that universal prescription of action based on equity. Or estoppel, or laches. There is also that criminal indictment such as non-feasance, prevaricacion, and dereliction of obligation. The Ombudsman scrapes us stupid when it let lose a felon, one Ambassador Kokoy Romualdez, by simply benching for fifteen years on his 23 criminal cases. Our case law is replete with "fumbling constables" liberating thieves who devoured in picnic abandon the public coffers. There is that Tatad and Tantuico doctrines made strong by the recent Romualdez pronouncement. "We were vindicated," his brother Bejo, misty eyed, was quoted as saying.
There is that other asset of the Ombudsman. It can lawyer with a party before it. It is famous for its tortuous twisted logic.)
REPUBLIC OF THE PHILIPPINES
OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON
3rd Floor, Ombudsman Bldg., Agham Road, Diliman, Q.C.
FRUMENCIO E. PULGAR
Complainant,
- versus - OMB-L-C-03-1600-L
OMB-L-A-03-1227-L
WILFRIDO L. ENVERGA, et. al.,
Respondents.
x----------------------------------------------x
REPLY AFFIDAVIT
I, FRUMENCIO E. PULGAR, of legal age, married, with office and postal address at 2nd Floor, Africa Building, No. 2041 Edison corner Aragon Streets, San Isidro, Makati City, Metro Manila, subscribing under oath, hereby depose and state, THAT:
1. This is in reply to the Counter Affidavits of respondents Wilfrido L. Enverga, et. al., and Anastacia Villanueva Argente, the Provincial Auditor, State Auditor IV of the Commission on Audit assigned at the Provincial Auditor’s Office, Lucena City, Quezon Province, AND the counter-affidavit of the respondents-employees of United Engineering Corporation. First off, under the Local Government Code, SEC. 356 thereof:
General Rule in Procurement or Disposal.- Except as otherwise provided herein, acquisition of supplies by local government units shall be through competitive public bidding. Supplies which have become unserviceable or no longer needed shall be sold, whenever applicable, at public auction, subject to applicable rules and regulations. (emphasis ours)
Secondly, under SEC. 363 and 364:
Publication of Call for Bids. - The call for bids shall be given the widest publicity possible, sending, by mail or otherwise, any known prospective participant in the locality, of copies of the call and by posting copies of the same in at least three (3) publicly accessible and conspicuous places in the provincial capitol or city, municipal, or barangay hall, as the case may be. The notice of the bidding may likewise be published in a newspaper of general circulation in the territorial jurisdiction of the local government unit concerned when the provincial or city general services officer or the municipal or barangay treasurer, as the case may be, deems it necessary in order to obtain the lowest responsible and complying bid. The opening of bids shall only be made in the presence of the provincial or city auditor or his duly authorized representative who shall initial and secure copies of the bids and certify the abstract of the bidding.
SEC. 364. The Committee on Awards. - There shall be in every province, city or municipality a committee on awards to decide the winning bids and questions of awards on procurement and disposal of property. The Committee on Awards shall be composed of the local chief executive as chairman, the local treasurer, the local accountant, the local budget officer, the local general services officer, and the head of office or department for whose use the supplies are being procured, as members. In case a head of office or department would sit in a dual capacity, a member of the sanggunian elected from among its members shall sit as a member. The committee on awards at the barangay level shall be the sangguniang barangay. No national official shall sit as a member of the committee on awards. The results of the bidding shall be made public by conspicuously posting the same in the provincial capitol or city, municipal, or barangay hall.
Thirdly, under SEC. 366:
Procurement Without Public Bidding. - Procurement of supplies may be made without the benefit of public bidding under any of the following modes:
(a) Personal canvass of responsible merchants;
(b) Emergency purchase;
(c) Negotiated purchase;
(d) Direct purchase from manufacturers or exclusive distributors; and
(e) Purchase from other government entities.
Lastly, under Sec. 371 of the same Code:
Procurement from Exclusive Philippine Agents or Distributors. - Procurement may, in the case of supplies of foreign origin, preferably be made directly from the exclusive or reputable Philippine distributors or agents, subject to the following conditions:
(a) That the Philippine distributor has no subdealers selling at lower prices; and
(b) That no suitable substitutes of substantially the same quality are available at lower prices.
2. In Ms. Argente’s Counter Afiidavit, she stated:
xxxx xxxx xxxx
4. As the Auditor assigned at the Province of Quezon, I issued Audit Observation Memoranda (AOM) Nos. 2003-004 dated October 13, 2003 and 2003-006 dated November 3, 2003. The findings stated in the said AOM are as follows:
AOM No. 2003-04 – “The payments made for the 30% of the contract for the “Supply, Design, Fabrication and Installation of Customized Air Conditioning System and Refrigeration of the Quezon Convention Center” under DV-100-2003-09-16738 dated September 12, 2003 amounting to P8,640,000.00 is of doubtful validity to the following:
1. Advance payment of P8,640,000.00 made to the United Engineering Corporation is in violation of Section 339 of RA 7160;
2. The contract of the said project was done without public bidding;
3. No newspaper advertisement was made for at least 3 consecutive weeks which is contrary to COA Circular No. 92-386;
4. The program of work and/or derivation cost of the project were not submitted;
5. The Certification made by the United Engineering Corporation for being the exclusive dealer of Daiken-Alen Air Conditioning is self-serving.
AOM No. 2003-006 – “Payments made to the United Engineer’s Corporation of Quezon City for the Contract of the “Supply, Design, Fabrication and Installation of Customized Air Conditioning System and Refrigeration of Quezon Convention Center” under DV No. 100-2003-10-19717 dated October 23, 2003/ LBP Check No. 137475 dated October 24, 2003 amounting to P11,520,000.00 and DV-100-2003-09-16738 dated September 12, 2003 amounting to P8,640,000.00 are irregular.”
(These AOM were attached in the Amended Complaint of Mr. Frumencio E. Pulgar dated July 27, 2004 as Annexes “A” and “B”)
5. As stated in paragraph 4, 6 of the said Amended Complaint, to wit:
“The Purchase Request No. 5413 prepared for the subject procurement/supply/installation/contract/project was dated September 8, 2003. Because of millions of reasons, the award was already made on September 9, 2003 which is just a day after the said Purchase Request was prepared, processed and approved. x x x Even the Provincial Head Auditor (Anastacia Argente) tried to hide and keep silent on this observation for otherwise, it would have merited the inclusion of the said anomaly in her Audit Observation Memorandum x x x.”
This allegation that “I hide and keep silent on the observation” is untenable. The fact that I issued an Audit Observation Memorandum addressed to the Provincial Governor of Quezon is a proof that as an Auditor, I have exercised my duty and responsibility to check and balance the transactions of the local government.
The non-inclusion in the AOM as to the dates in the Purchase Request and the Award of Contract to the United Engineer Corporation was brought about by the fact that as of August 28, 2003, the latter submitted its quotation amounting to P48,000,000.00 for 500 tons or P9,600,000.00 per 100 tons. (Annex “1” hereof) The transaction covered by the AOM was for 300 tons only. Alen International Industrial Corporation also submitted their quotation dated August 28, 2003 for P51,700,000.00 for 500 tons. (Annex “2” hereof). Directric Industries Incorporated also submitted their quotation dated August 28, 2003 for P53,300,000.00 for 500 tons. (Annex “3” hereof) Although the award was issued on September 9, 2003 or one (1) day after the Purchase Request, the same is of no moment since it is a fact that purchase request comes first before the actual award. As long as the award was made in a regular manner, the number of days is immaterial.
3. The award was precisely made irregularly, in contravention with existing laws, rules and regulations as shall be discussed henceforth. The allegations of respondent Argente are in the nature of admissions that in her first Audit Observation Memorandum (AOM) dated October 13, 2003 it is very explicit that the subject contract for the “Supply, Design, Fabrication and Installation of Customized Air Conditioning System and Refrigeration of Quezon Convention Center” was done without public bidding. There was no bidding to speak of because UEG was the recipient of the Notice of Award made by no less than the respondent Governor. In his Justification the latter rationalized:
Subject: Procurement of Air-conditioning Unit through exclusive distributor
a. These Equipments were requested and specified by the users: The Quezon Convention Center prefer to use these specified equipment for reasons of familiarity in utilization/application.
b. These Equipments have been proven to be cost effective and cost efficient hence they are beneficial to both service provider and user.
c. The manufacturer/distributor has an excellent track record of credibility, ethical business transaction competitive/reasonable price, timely delivery and consistent availability of stocks.
d. These said Equipments are exclusively manufactured/distributed by said companies.
In view of these, the Provincial Government have (sic) a preference to resort to this procurement procedure, in order to ensure quality care/service. (emphasis ours)
then why still resort to alleged procurement of written proposals? The Justification does not state the ratiocinations of respondent Enverga et. al., in their counter-affidavit: that the aircon requirement of the Quezon Convention Center is peculiar or customized due to space constraint.
4. The two (2) AOMs from Argente’s office do not intimate of the concurrent existence of the so-called bid proposals from Alen International and Directric Industries. Clearly, these documents were belatedly produced and contradict their positions in their Counter-Affidavit. First, Quezon Province is not familiar with United, it being a first time transaction. Secondly, the transaction is not ethical as it is done in utter damage of Quezon Province for lack of proper bidding; Thirdly, the Governor is wrong in his conclusion that United is a manufacturer. United is a mere distributor of Alen, a co-joint venturer of DAIKIN as shown in their Annexes 4 & 5 (a curious one piece document); and Lastly, the project is not cost effective, as it is over-priced and very expensive, as shall be shown below;
5. This was reiterated in the second AOM No. 2003-006 dated November 3, 2003. All of a sudden, it would appear that as of August 28, 2003, the said respondent Auditor wants this Honorable Office to believe ex cathedra that there were three (3) quotations submitted by three (3) entities: one from United Engineering Corporation, second from Alen International Aircondition, and a third from Directric Industries Incorporated. These are intercalated evidence non-existent when the AOMs were made. That is the reason why we move for the preventive suspension of the respondents. Why this Honorable Office denied our plea for preventive suspension escapes us. It might be a blessing in disguise when the respondents were given the chance to manufacture their evidence, they instead tighten the noose around their necks where the evidence concocted proved incriminating against them to the consternation of this Honorable Office! They brazenly fabricated evidence, which unfortunately, is to their doing. We have here respondents who are too bold and who would go to any length formulating evidence to reverse the audit reports just to exculpate themselves giving rise to the suspension of after-the-fact collusion;
6. The second AOM No. 2003-006 dated November 3, 2003 lifted the findings that the contract for the said project was done without public bidding while the alleged three (3) bid proposals were submitted as of August 28, 2003. Moreover, these proposals are not technically bidding documents as they are merely manifestations of intent. Still, a public bidding must be conducted to determine who the qualified suppliers are available with the most advantageous offers after an Invitation to Bid has been published. Respondents should not be allowed to trifle with the records involving public monies. The respondents are in fact, haphazard in their treatment of the records and as if, by a 360 turn around, the said respondent Argente is now defending the purchase by saying that “although the Award was issued on September 9, 2003 or one (1) day after the Purchase Request, the same is of no moment, since it is a fact that Purchase Request comes first before the actual award.” But one day or 24 hours before as in this case, as shall be discussed later. And the AOMs teill otherwise. What are these AOMs for? Are they leverage documents? Respondent Argente justifies the regularity of the transactions belatedly, after being belatedly fixed apparently, as if she never passed upon the same documents leading to her issuance of the AOMs. Precisely, the award was a result of a precooked proceedings wherein Inuted Engineering Corporation was the prevailing seller as of September 8, 2003, already in the absence of any other bidder, as there was no bidding in the first place. That being so, the project is far from being cost effective. Being irregularly bidded, the project is expensive and a waste of public funds; prejudicial to Quezon Province;
7. The Purchase Request was dated September 8, 2003. The Award was issued on September 9, 2003. On September 8, 2003 the Board of Directors of United Engineering met in Quezon City, Metro Manila and authorized one Vicente Ferrer to collect from Quezon Province the first payment of P8,640,000.00, copy of the Board Resolution of United Engineering Corporation is hereto attached as ANNEX “A” hereof. By a miraculous and record-breaking process, the Province of Quezon prepared a check on September 12, 2003, the amount of EIGHT MILLION SIX HUNDRED FORTY THOUSAND (P8,640,000.00) PESOS and then on October 3, 2003, another check was issued in the amount of ELEVEN MILLION FIVE HUNDRED FORTY THOUSAND (P11,520,000.00) PESOS. The first check was issued in record number of three (3) days from the actual award ad there is no showing that the object of the contract was already delivered. Be it noted that the records show that the prevailing company, United Engineering Corporation has a principal business address at No. 3 Polaris Street, Banlat, Tandang Sora, Quezon City, Metro Manila. While Lucena City is one hundred fifty (150) kilometres south thereof. This Honorable Office can take judicial notice that no transaction of this magnitude has been finalized with the kind of swiftness that the Province of Quezon has shown. The respondent Anastacia Villanueva Argente and her principal Governor Enverga, et. al. should not make the complainant or this Honorable Office stupid in their interpretation of the transaction. Were we to go along with the confederating respondent Anastacia Villanueva Argente, then we reject the teaching of the principle of res ipsa loquitor. From the looks of it, by September 8, 2003 a Purchase Request was being approved in the office of the Governor, Lucena City; while the Board of Directors of United Engineering on the same date, was deep in deliberation in Quezon City, Metro Manila already appointing a collector, one Vicente Ferrer to pick up the check on Sept 12, 2003 and another one in October 3, 2003! It certainly would take a lot of doing absolving the respondents from their careless thievery.
8. In this transaction, the respondents are silent as to where that published Invitation to Bid is, as there was none. Respondents uniformly posit the theory that public bidding was not necessary because the air conditioning system of the Quezon Convention Center is unique, rare, customised, and with exceptional contour. They now claim that what is applicable is the exception: negotiated sale with United Engineering. Under SEC. 366 of the LGC:
Procurement Without Public Bidding. - Procurement of supplies may be made without the benefit of public bidding under any of the following modes:
(a) Personal canvass of responsible merchants;
(b) Emergency purchase;
(c) Negotiated purchase;
(d) Direct purchase from manufacturers or exclusive distributors; and
(e) Purchase from other government entities.
They were too excited to approve the contract in favor of UEG that they forgot to comply with the basic requirement of publication pursuant to the Local Government Code provisions on Biddings and Procurement. Finding that there was no bidding in the first place, respondents want to hoodwink or mislead this Honorable Office by tardily producing the proposals from Directric Industries and Alen. They hide behind the exception DIRECT PURCHASE FROM MANUFACTURER OR EXCLUSIVE DISTRIBUTORS, where procurement may be made directly from duly licensed manufacturers in cases of supplies of Philippine manufacture or origin and in case there are two (2) or more manufacturers of the required supplies, canvass of the known manufacturers shall be conducted to obtain the lowest price for the quality of the said supplies (SEC. 370,LGC). The sad fact is that by the staggering amount of the procurement, the respondents failed to satisfy that by requisitioning from United, the latter has complied with all the requirements of direct procurement. Under REPUBLIC ACT NO. 9184, also known as AN ACT PROVIDING FOR THE MODERNIZATION, STANDARDIZATION AND REGULATION OF THE PROCUREMENT ACTIVITIES OF THE GOVERNMENT AND FOR OTHER PURPOSES:
Section 50. Direct Contracting. - Direct Contracting may be resorted to only in any of the following conditions:
a. Procurement of Goods of propriety nature, which can be obtained only from the propriety source, i.e. when patents, trade secrets and copyrights prohibit others from manufacturing the same items;
b. When the Procurement of critical components from a specific manufacturer, supplier, or distributor is a condition precedent to hold a contractor to guarantee its project performance, in accordance with the provisions his contract; or,
c. Those sold by an exclusive dealer or manufacturer, which does not have sub-dealers selling at lower prices and for which no suitable substitute can be obtained at more advantageous terms to the government. (emphasis ours)
9. RESPONDENTS FAILED TO JUSTIFY DIRECT CONTRACTING. There is no certification coming from DAIKIN and ALEN ENGINEERING or any other reputable air conditioning manufacturer that United Engineering is their exclusive dealer. There is no report coming from the Biddings And Awards Committee that United is an exclusive dealer based on its research and canvass and that United has no sub-dealers or better still the giant manufacturers like DAIKIN and ALEN or CARRIER and CONDURA or KOLIN have no other dealers in Southern Tagalog. Due to the advent globalization, we have opened up our economic doors since, Korean and Chinese equally superior quality air conditioning systems have entered the country. They have even appointed exclusive dealers of these state-of-the-art systems. The respondents merely relied on the self-serving (THIS WAS INITIALLY TAKEN NOTE BY RESPONDENT ARGENTE AND IN HER COUNTER-AFFIDAVIT FAILED TO CARE NOTICE. WHAT GIVES?) certification by United itself that is an exclusive dealer of DAIKIN. It gave itself away when its certification was written on a stationery that says the other proponent, ALEN, is a co-joint venturer of DAIKIN. Besides, the specifications of the air conditioning system requirements of the building is NOT OF FOREIGN ORIGIN (SEE SEC 371, LGC). Lastly, there is no certification to the effect that there exists in the market cheaper substitutes. In other words, there has to have a lot of doing before the BAC resort to the exception of direct procurement. In this case, they threw all the cautions to the wind just to have United Engineering supply the most expensive and over-priced air conditioning system of Enverga Convention Center;
10. THERE IS NO CONTRACT BETWEEN UNITED AND QUEZON PROVINCE. Under Section 37 of RA 9184:
Notice and Executive of Award. - Within a period not exceeding fifteen (15) calendar days from the determination and declaration by the BAC of the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid, and the recommendation of the award, the Head of the Procuring Entity or his duly authorized representative shall approve or disapprove the said recommendation. In case of approval, the Head of the Procuring Entity or his duly authorized representative shall immediately issue the Notice of Award to the bidder with the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid.
Within ten (10) calendar days from receipt of the Notice of Award, the Winning bidder shall formally enter into contract with the Procuring Entity. When further approval of higher authority is required, the approving authority for the contracts shall be given a maximum of twenty (20) calendar days to approve or disapprove it.
In the case of government-owned and/or -controlled corporations, the concerned board shall take action on the said recommendation within thirty (30) calendar days from receipt thereof.
The Procuring Entity shall issue the Notice to Proceed to the winning bidder not later than seven (7) calendar days from the date of approval of the contract by the appropriate authority. All notices called for by the terms of the contract shall be effective only at the time of receipt thereof by the contractor. (emphasis ours)
Where is the contract between United and Quezon Province? Where is the approval of the Sangguniang Panlalawigan? There is none. The transaction therefore is highly irregular and extremely prejudicial to the interest of the LGU.
11. Had there been a publication of the project, the Province of Quezon would have stated with particularity the specifications of the airconditioning requirements. The reason why Directric Industries and Alen proposed five hundred (500) tons necessarily include three hundred (300) tons. The 500 tons could be reduced by these proponents who have the necessary capability of supplying the air condition in whichever load or capacity;
12. Moreover, the difference in price is unbelievable. United, Alen, & Directric Industries all proposed 500 tons. The difference in price is minimal. Yet the requirement of Quezon Convention Center allegedly is only 300 tons. UEG eventually proposed 300 tons and its price is only P51M pesos and P52M pesos, respectively, or a difference of three million (P3M) pesos for less than two hundred (200) tons? Kalokohan ito!
13. United is an exclusive dealer, allegedly, while Directric Industries and United Alen are both manufacturers. Whereas United is a mere dealer and installer. The requirement of direct buying from a supplier under the law is allowable only if the latter is the exclusive manufacturer, and not in case of a non-exclusive dealer, like United Engineering;
14. But their paper fabrications have loose ends. Notice the alleged Annexes 1, 2, & 3 of Enverga’s Counter-Affidavit? They are shot with incredible inconsistencies. Directric, United, Alen submitted their proposals simultaneously on August 28, 2003? Unless respondents would claim that August 28, 2003 is the DEADLINE! They (THE RESPONDENTS) claim that they were requested to submit the quotations. Where are the Quezon Province letter requests? Unless the governor or Henry Buzar called them up individually and asked their proposals to be submitted on or before August 28, 2003. In effect there was no publication of the airconditioning requirements of Quezon Convention Center. And nobody asked them to send a love letter to Governor Enverga. These letters were produced and antedated when they filed their counter-affidavits;
15. Annexes 4 & 5 (one document? See how nonchalant these people are?) clearly curtly states that United is DAIKIN’s exclusive dealer. Yet under the same document, (please look at the lower right portion) Alen International is part of the joint venture of Daikin0Alen Airconditioning, Inc.? In other words, there was practically one entity who submitted two proposals: Directric Industries and United Engineering only. Count out Alen because in effect it is already thru United, its exclusive dealer in Southern Tagalog;
16. Annex 6 is a pathethic cover-up. It is dated September 18, 2003 but without any stamp received by the addressee. United Engineering in its Counter-Affidavit did not even mention that letter of September 18, 2003. The first payment of P8,640,000.00 was made on September 12, 2003. Yet United condescendingly states that it has delivered the “components and accessories” (Substantial compliance? Good faith? No damage to Quezon Province?) at the second floor of the convention center and admitted in effect that in the main component, ninety nine (99%) percent of the contract, the airconditioning equipment were not yet delivered. Why pay P8,640,000.00 on September 12, 2003 when practically ninety nine (99%) percent of the main air-con components remain undelivered? In fact, the deliveries were made only on October 14, 17, and 21, 2003, as alleged;
17. CLINCHER No. 1: Where is the Delivery Receipt of the alleged “component and accessories” prior to September 12, 2003? There was none. Considering the amount of the contract, one does not just deliver :component and accessories” without any acknowledgement receipt.
18. CLINCHER No. 2: On September 8, 2003, the respondents Enverga, et, al., issued Purchase Request 5413 of even date. No supplier was named yet. On the same date, United’s Board of Directors was meeting in Quezon City, MM authorizing one Vicente Ferrer as the authorized collector in “behalf of the (United Engineering) Corporation in connection with the Lucena Convention Center Project.”
19. CLINCHER No. 3: The number of employees involved in the cover-up of this messy transaction is now being identified. There was that one Henry Buzar being pointed to respondent Exaltacion Angeles whom she claimed substituted her and therefore is not an authorized official under the Local Government Code to procure the subject air-conditioning units. Pursuant to SEC. 358 of the Local Government Code, (Requirement of Requisition), any order for supplies shall be filed by the provincial or city general services officer or the municipal or barangay treasurer concerned, as the case may be, for any office or department of a local government unit only upon written requisition as hereinafter provided. OR, under SEC. 362.
Call for Bids. - When procurement is to be made by local government units, the provincial or city general services officer or the municipal or barangay treasurer shall call bids for open public competition. The call for bids shall show the complete specifications and technical descriptions of the required supplies and shall embody all terms and conditions of participation and award, terms of delivery and payment, and all other covenants affecting the transaction. In all calls for bids, the right to waive any defect in the tender as well as the right to accept the bid most advantageous to the government shall be reserved. In no case, however, shall failure to meet the specifications or technical requirements of the supplies desired be waived.
Since the Provincial GSO is respondent Angeles, why allow a stranger to perform her function? See what these people see doing to Quezon? They have special people in charge of special deals. What happened to the duly appointed responsible officers of the province? Perhaps they should explain their peculiar standard operating procedures or SOPs.
20. CLINCHER No. 4: The apparent case by respondents in inventing documents like Annexes “4”, “5”, and “6” of United, attempting to exculpate its generous donors headed by Governor Enverga, by claiming that “were some components and accessories” were already delivered. But where, how, or when, and who received them, respondents are totally silent. We will not be surprised if by the next pleading they would submit and attach new documents unheard of. Sigue lang!
21. CLINCHER No. 5: The respondents-employees of United Engineering attempt to establish their commercial reputation by supplying this Honorable Office with citations from various groups extolling their place in the industry. Just look at these credentials, they were dished out after (circa 2004 and 2005) they got paid by Governor Enverga in September, 2003. As Somerset Maugham said, ”have common sense, and stick to the truth!”
22. CLINCHER No. 6: Herein complainant illustrated before this Honorable Office the interplay between the Office of the Governor and the Sangguniang Panlalawigan together with their responsible officials, on the one hand, and the Commission o Audit, on the other hand. The latter office, sensing the magnitude of the contract, and being left out, has to assert its authority by crafting the AOMs critical to the transactions. The message however is far from noble. As what happened here, the Office of the Governor and the contractor immediately embarked on damage control. They were successful as respondent Argente in the end, defended tooth and nail the questionable, corrupt, and outrageous transaction.
23. CLINCHER No. 7: The respondents to date have not denied their efforts to undermine the integrity of this Honorable Office since the complainant made public the submarine attempts of the Provincial Attorney in quash the charges brought by this complainant before this Honorable Office in his Motion for Inhibition filed in February, 2004. In Quezon Province, as alleged, they have openly boasted that this Honorable Office has already been bought. In fact this complainant had overheard the Governor and his factotum in one restaurant in Alabang, Muntinlupa City, MM prior to May, 2004 elections, talking about their efforts to reach and pay-off the responsible official of this Honorable Office handling this case. The Governor was asking his assistant what happened to this case as it was taking so long. The assistant was heard saying “ayos na Gob. Tuwang-tuwa nga sa ibinigay ninyo. Madidismis ito before the elections (referring to the May, 2004 elections)”. Siguradong mapapahiya yang sira-ulong si Pulgar!” The Governor was asking his factotum who supplied this complainant with the incriminating documents in the subject transaction. The factotum replied, ”hinsi bale na Gob. Basta kahit na palintik na counter-affidavit isubmit natin, at sila na ang bahala! Upon submission of the fabricated documents, they expect to telegraph thei reliance on this Honorable Office to exonerate them thru tortured twisted logic. That is what their counsel, the provincial attorney has been doing, submitting illogically wracked pleadings, contented with the thought that somebody within this office shall deliver them from perdition. The provincial attorney even confided to this complainant, “kapag kitaan na, sila. Kapag problema na, ako. Napakasuerte naman nila (referring to the Governor and his factotum). They were apparently lost in their conceited toasts when they saw this complainant accompanied by his wife in the corner of their eyes and they left hastily.
WHEREFORE, it is respectfully prayed that all the respondents in Criminal case be preventively suspended as the evidence against them and the ones they supplied and brought to the attention of this Honorable Office are too strong to sweep under the rug; bind over to the Sandiganbayan the appropriate Criminal Information for violation of Anti-Graft and Corrupt Practices Act, the provisions of the Local Government Code, for perjury or subornation of perjury, violation of Code of Ethics, and Malversation against these respondents.
Such other reliefs, just and equitable, are likewise prayed for.
Makati City for Quezon City, Metro Manila. February 16, 2005.
FRUMENCIO E. PULGAR
A f f i a n t
SUBSCRIBED AND SWORN TO before me this 13th day of April, 2005 at Quezon City, Metro Manila.
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2005.
July 26, 2006
HON. MA. MERCEDITAS N. GUTIERREZ
Ombudsman
OFFICE OF THE OMBUDSMAN
Agham Road, Diliman,
Quezon City, Metro Manila
Subj: OVERPRICED QUEZON MEDICAL CENTER
------------------------------------------------------------
Dear Madam ;
We would like to bring to your kind attention, investigation, and scrutiny the much vaunted Quezon Medical Center in Lucena City, Quezon Province.
The said edifice was constructed by the incumbent Governor Wilfrido Lopez Enverga for SEVEN HUNDRED MILLION (P700,000,000.00) PESOS in 2002 and was inaugurated last July 12, 2006. It would appear that despite the expenditure of SEVEN HUNDRED MILLION (P700,000,000.00) PESOS the same is still to be completed, please refer to the hereto attached copy of a news item “Lack of Medicine Plagues New Hospital in Quezon” (Across the Nation, Philippine Daily Inquirer, Monday July 24, 2006 page A-23) as ANNEX “A” hereof.
Authority to Investigate
In the same issue of PDI, Father Joaquin Bernas in his column expressed the opinion that:
“As to the scope to the Ombudsman’s power to investigate, the constitutional provision is couched in very general and sweeping terms. Among the power of the Ombudsman is the power to “investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient”. In fact, the constitution commands the Ombudsman and their deputies, “as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees”. Thus, before the Ombudsman can act, there is no need for a form of complaint. Nor is there need from prodding from the Supreme Court. The investigation can begin even on a complaint sent via telephone, e-mail or fax”. (Sounding Board, Fr. Joaquin G. Bernas, PDI July 24, 2006 p. A-15) (emphasis ours)
Notwithstanding the said opinion and to assist this Honorable Office in stamping out corruption in the government, the Sentro ng Gabay Legal sa Quezon is submitting this verified complaint.
The amount of P700M is not paltry. In a rigged bidding, the beneficiaries to the fraud stood to earn P300M from the scam. Someone is laughing all the way to the bank.
P500M QUEZON CONVENTION CENTER
The Province of Quezon is the poorest province in Calabarzon. From 1999 to 2001, the Sentro ng Gabay Legal sa Quezon has brought to the fore the extravagance of the Province of Quezon when the respondent Governor Enverga constructed the most expensive convention center in the Philippines.
While Cebu has embarked in building a TWO HUNDRED MILLION (P200,000,000.00) PESOS world class convention center as was announced by no less than President Gloria Macapagal-Arroyo in her State of the Nation Address on July 24, 2006, the Province of Quezon has already constructed the most expensive convention center sub rosa (otherwise others partake from the killing by way of additional layers) in the amount of P500M. In the procurement of its air-conditioning system alone in the amount of TWENTY EIGHT MILLION (P28,000,000.00) PESOS, the most expensive air-conditioning system is still a subject of a separate criminal complaint pending before this Honorable Office since 2001.
P700M QUEZON MEDICAL CENTER
In the subject Quezon Medical Center, the provincial governor has perfected the technical, albeit fraudulent, art of bidding. There is no open and honest bidding to speak of as the project was awarded to the favourite contractor of the governor, CJ Construction, the same contractor of Quezon Convention Center. In other words, CJ Construction has already bagged P1.2B projects from Governor Enverga, not to mention the overpriced Enverga type School Buildings at P6.5M each peppered all over the province. It would appear that the bidding was orchestrated where two other losing bidders merely thrown in some token bids to qualify. The biddings were one for the books where the differences among the alleged participating contractors are minuscule and clearly statistically improbable.
The General Services Office particularly the chief thereof should be investigated and her records on the alleged newspaper that published the project should be submitted before this Honorable Office, particularly the fact of bidding on which newspaper where to publish the Invitation to Bid. Under the law, the newspaper where the Invitation to Bid should be published should be determined by a separate bidding economical to the government. In this case, the publication of the Invitation to Bid is delegated to the chosen contractor where the fact of publication is made at his expense and not at the expense of the provincial government. Where the publication of the invitation to the public bidding is a sham, the award to the winning contractor is likewise fraudulent. The winning bidder perforce did not submit the best bid and therefore the government is defrauded.
Moreover, the Bill of Labor and Materials should be scrutinized and the proper Civil Engineers and Inspectors from the Department of Public Works and Highways or any equivalent agencies should be tapped to determine the overpricing.
RETIREMENT ANTICIPATION, OR ANOTHER SHOT AT THE OLD CONGRESSIONAL DISTRICT
It would appear that this is an anticipation of the retirement of the outgoing governor who sponsored this extravagant, expensive, and overpriced building which has failed to measure up to the expectations of its recipients: the poor people of Quezon Province who to date have not yet enjoyed the benefits of authentic medical services.
This Honorable Office should look into the bottom of this scandalous thievery masterminded by the Provincial Governor of Quezon respondent Wilfrido Enverga y Lopez who should be charged with Plunder or large scale wastage of public funds.
PREVENTIVE SUSPENSION
To forestall suspicion of doctoring documents like the missing bid documents and announcement on bids on a newspaper of general circulation where to publish the Invitation to Bids the gargantuan projects, respondent Governor Wilfrido Enverga y Lopez should be preventively suspended.
Trusting prompt action.
Very truly yours,
FRUMENCIO E. PULGAR
V E R I F I C A T I O N / C E R T I F I C A T I O N
I, FRUMENCIO E. PULGAR, of legal age, married, with office and postal address at 2/F Africa Bldg., 2041 Edison cor. Aragon Sts., San Isidro, Makari City, Metro Manila subscribing under oath, hereby depose and state, THAT:
1. I am the Complainant in the above-entitled case ;
2. I have caused the preparation of the foregoing Criminal and Administrative Complaint, the contents of which are true and correct of my own knowledge ;
3. I have not commenced any other petition or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or different Divisions thereof or any other tribunal or agency ;
4. To the best of my knowledge, no similar Criminal and Administrative Complaint is pending in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal agency ;
5. If I should thereafter learn that a similar action or proceeding has been filed or is pending before said courts or tribunal, I hereby undertake to promptly inform this Honorable Court of that fact within five (5) days therefrom.
FRUMENCIO E. PULGAR
SUBSCRIBED AND SWORN TO before me this ___ day of ___________, 2006 in the City of Makati, Metro Manila, affiant having exhibited to me his Comm. Tax Cert. No. 16149388 issued on February 17, 2006 issued at Calauag, Quezon.
Doc. No. _____ ;
Page No. _____ ;
Book No. _____ ;
Series of 2006.
cc:
SANGGUNIANG PANLALAWIGAN
Quezon Province
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