Ombudsman suspends Comelec execs


By Tetch Torres INQUIRER.net
First Posted 14:33:00 07/29/2010

The Office of the Ombudsman preventively suspended officials of the Commission on Elections in connection with the canceled award to OTC Paper Supply for the purchase of Ballot Secrecy Folders (BSF).

MANILA, Philippines -- The Office of the Ombudsman preventively suspended officials of the Commission on Elections in connection with the canceled award to OTC Paper Supply for the purchase of Ballot Secrecy Folders (BSF).

Preventively suspended for six months without pay were Comelec Executive Director Jose M. Tolentino Jr.; Bids and Awards Committee (BAC) chairman Atty. Maria Lea R. Alarkon; and BAC members Atty. Allen Francis B. Abaya, Atty. Maria Norina T. Casingal, Atty. Martin B. Niedo, and Mr. Antonio B. Santella.

In a 10-page Order, Ombudsman Ma. Merceditas N. Gutierrez said that “careful assessment of the facts and circumstances of the instant case show that there is sufficient justification for the imposition of preventive suspension against herein respondents considering all the conditions for its imposition has been met.”

Under Section 24 of Republic Act 6770 (The Ombudsman Act of 1989), preventively suspending a public officer or employee pending investigation requires the presence of two conditions, to wit: 1) the evidence of guilt is strong; and 2) that either of the following circumstances co-exists with the first requirement: a) the charge involves dishonesty, oppression or grave misconduct or (gross) neglect in the performance of duty; b) the charge would warrant removal from the service; or c) the respondent’s continued stay in office may prejudice the case filed against him.

The said officials have been slapped with a case by the Ombudsman’s Field Investigation Office (FIO) for violation of Section 4A(a) of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees); and Dishonesty, Gross Neglect of Duty, Grave Misconduct, and Conduct Prejudicial to the Best Interest of the Service under Rule IV, Sec. 52 (A), pars. 1, 2, 3, and 20 of Civil Service Commission Resolution No. 99-1936 (The Uniform Rules on Administrative Cases in the Civil Service).

The same officials and two private individuals are also facing parallel criminal case for violation of the anti-graft law (R.A. 3019) arising from the same issue.

The FIO alleged that Tolentino, as head of the Specifications Committee, “provided unwarranted benefits, advantage or preference to OTC Paper Supply (OTC) by making prior arrangements and/or divulging valuable and confidential information with them as shown by OTC’S astonishing speed to produce a tailor-fitted, COMELEC-approved, BSF design in just a matter of days.”

Investigation conducted by the FIO revealed that on Feb. 9, 2010, OTC submitted a proposal to the Comelec offering for sale their version of BSF to be used for the May 2010 elections.

On February 11, Tolentino presented to the Comelec En Banc the BSF prototype of the OTC for its consideration. Barely six days after, Tolentino was able to present the second BSF prototype of OTC bearing all the modifications in accordance with the En Banc’s concerns.

The FIO said the Comelec officials “erred in undertaking the alternative mode of procurement/direct contracting without any initial inquiry as to the claim of exclusivity of OTC” and “failed to follow the Manual of Procedures for Procurement of Goods and Services in conducting direct contracting procurement” in violation of the Government Procurement Reform Act (R.A. 9184).

Records showed that OTC submitted its letter-proposal to the BAC for the sale of BSF on Feb. 27, or ten days after the BSF design was approved by the Comelec En Banc. Along with the proposal was a certification from the Intellectual Property Office (IPO) stating that the OTC-BSF has an outstanding application for utility model. On March 5, without determining the exclusivity rights of OTC over the BSF design, the BAC issued a resolution choosing the alternative mode of procurement of direct contracting and recommending the award of the contract to OTC.

“Direct contracting is applicable in case of procurement involving goods of proprietary nature which can only be obtained from a proprietary source, i.e., when patents, trade secrets, and copyrights, prohibit others from manufacturing the same item. It was shown that what the OTC filed before the IPO is a utility model application for an improved file folder which accordingly is not similar (to) and different from a patent application,” FIO said.

The Ombudsman also directed Comelec Chairman Jose Melo to implement the preventive suspension order and to advise the Office, within five days from receipt thereof, the date when the order has been implemented.
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