SC upholds suspension of P650-M BOC computerization

MANILA, Philippines – The Bureau of Customs has secured temporary relief from the Supreme Court (SC) in implementing the cancellation of a P650-million contract for the BOC’s computerization.

The SC issued a temporary restraining order (TRO) stopping the Manila Regional Trial Court (RTC) Branch 47 from canceling the BOC’s award of the contract to Omniprime Marketing Inc. and Intrasoft International Inc. for the Philippine National Single Window 2 (PNSW2) project.

In a two-page resolution promulgated on Nov. 23, 2015 but released only yesterday, the Second Division of the high court issued the TRO on the omnibus order dated Aug. 24, 2015 of RTC Branch 47.

The SC also directed Omniprime and Intrasoft to comment on the petition filed by the BOC and Department of Budget and Management (DBM) within 10 days.

The high tribunal acted on the petition filed by BOC Commissioner Alberto Lina and DBM Procurement Service executive director Jose Tomas Syquia assailing the injunction order issued by RTC.

The RTC order stopped Lina from implementing his May 6, 2015 letter aborting the competitive bidding for the computerization program and Syquia’s order dated May 7, 2015 for cancellation of the contract.

It also directed the BOC and the DBM to continue with the procurement process, sign the contract and issue to Omniprime the notice to proceed with the project.

Harry Roque, counsel for Omniprime, earlier claimed that “one of the five losing bidders in the project, E-Konek, is a company where Lina has a 96.48 percent stake.”

Annabelle Margaroli, president of mobile IT solutions provider Omniprime Marketing Inc., had also lodged a plunder complaint against Lina, former Customs commissioner Guillermo Parayno Jr. and former deputy commissioner Primo Aguas for conflict of interest for arbitrarily voiding the contract, which had been approved during the term of former commissioner John Sevilla.

The program is composed of two consolidated computer programs necessary for the Association of Southeast Asian Nations (ASEAN) integration.

The integrated system, along with a national single window (NSW), is seen as a solution to address smuggling in the country.

It establishes a central database system that tracks in real time all customs procedures nationwide. It aims to be a fully electronic, paperless and human contact-free system of recording and monitoring customs transactions.

Lina, however, stopped the project two weeks after he took office in April 2015 after replacing Sevilla.

He said he wanted to review all projects of the BOC.