6 Comelec officials get 6-month suspension on overpriced folders

MANILA, Philippines - The Office of the Ombudsman issued yesterday six-month preventive suspension orders against six officials of the Commission on Elections (Comelec) who were implicated in the alleged overpriced ballot secrecy folder (BSF) deal.

The anti-graft agency said executive director Jose Tolentino Jr., Bids and Awards Committee chairman Maria Lea R. Alarkon, and BAC members Allen Francis Abaya, Maria Norina Casingal, Martin Niedo, and Antonio Santella, are not to receive salaries during the period.

Ombudsman Merceditas Gutierrez directed Comelec Chairman Jose Melo to implement the preventive suspension order to restrain the Comelec officials from interfering or influencing the outcome of the ongoing preliminary probe.

In a 10-page order, Ombudsman Gutierrez said “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 or the Ombudsman Act of 1989, preventively suspending a public officer or employee pending investigation requires that the evidence of guilt is strong.

The Office of the Ombudsman may also issue a suspension order if the charge against the respondents involves dishonesty, oppression or grave misconduct or gross neglect in the performance of duty; would warrant removal from the service; or their continued stay in office may prejudice the case filed against him.

The Field Investigation Office (FIO) earlier filed an administrative complaint against the Comelec officials for violation of Section 4(a) of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees along with dishonesty, gross neglect of duty, grave misconduct, and conduct prejudicial to the best interest of the service.

The fact-finding body also filed a parallel criminal case against them and two private individuals of OTC Paper Supply for alleged violation of the Anti-Graft and Corrupt Practices Act before the Preliminary Investigation and Administrative Adjudication and Monitoring Office (PAMO) also of the Office of the Ombudsman.

In the complaint, the FIO alleged that Tolentino, as head of the Specifications Committee, “provided unwarranted benefits, advantage or preference to OTC Paper Supply 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.”

Its investigation revealed that on Feb. 9, 2010, the private contractor submitted a proposal to the Comelec offering for sale their version of BSF to be used for the May 2010 elections.

Tolentino presented last Feb. 11 to the Comelec the BSF prototype of the OTC for its consideration and barely six days later, he was able to present the second BSF prototype of OTC bearing all the modifications in accordance with the commission’s concerns.

As to the members of the BAC, the FIO alleged in its complaint that they “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.

OTC allegedly submitted its letter-proposal to the BAC for the sale of BSF on Feb. 27, 2010 or 10 days after the BSF design was approved by the Comelec and 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, 2010, 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.

The FIO noted that “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.

The investigation bared that what OTC Paper Supply 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.”

Melo yesterday ordered the immediate implementation of the suspension imposed by the Ombudsman against six poll officials involved in the P689.7-million ballot secrecy folder project.

“The suspension order takes effect (today) as agreed upon by the en banc,” said Melo in an interview.

“I don’t want to express one way or another because it might only be misconstrued. It’s the decision of the Ombudsman and we have to implement it,” he noted.

Melo added that Deputy Executive Director for Operations Bartolome Sinocruz would replace Tolentino.

Comelec’s Law Department director Ferdinand Rafanan would head the BAC. Rafanan led the three-member panel that investigated the anomalous transaction.

The suspension stemmed from the BAC’s decision to procure the 1.8 million folders at P380 apiece from OTC Paper Supply. The Comelec had suspended the contract after finding the amount exorbitant. – With Sheila Crisostomo