MANILA, Philippines - Five officials of the Bureau of Corrections (BuCor), led by Director Gaudencio Pangilinan, are facing criminal and administrative charges with the Office of the Ombudsman for alleged procurement anomalies within the New Bilibid Prison (NBP) in Muntinlupa City.
In a complaint dated Aug. 9, prison guard Kabungsuan Makilala accused Pangilinan, consultant and chief of staff Venancio Santidad, bids and awards committee chairman Alfredo Benitez, BAC secretariat head Larry Hari, accounting division chief Ligaya Dador and officials of five private contractors of graft and violating the government procurement law, Article 208 of the Revised Penal Code (negligence and tolerance) and the government workers’ code of conduct and ethical standards.
The private contractors named in the complaint are Grand Potential Press Inc., Dotgain Solutions Inc., Meyer’s Foods and Services Inc., Marinold Grill Co., and Mang Kiko Catering Services Inc.
Makilala – himself a former member of the BAC – also filed administrative charges of grave misconduct, serious dishonesty, gross insubordination, and conduct prejudicial to the interest of the service against the BuCor officials.
He filed a similar case against the same respondents before the Department of Justice (DOJ), saying spending at the BuCor is being carried out through anomalous small value procurements that from July 2011 to March 2012 alone have reached P58.7 million for 193 different projects.
He alleged that NBP officials are resorting to contract splitting to get around the law requiring that public biddings be held for all government purchases or projects worth P500,000 and above. These purchases also need the approval of the DOJ.
Makilala cited that the P1.4-million repair and rehabilitation of the NBP administration building in January was allegedly divided into four contracts that were deemed small value procurements and not subject to public bidding.
“Here, the splitting of requisitions and purchase orders were intended not only to elude the requirement of public bidding, but to avoid action, review or approval by higher authorities,” Makilala alleged.
“Clearly, the splitting of contracts is too glaring to be ignored. Respondents could not have failed to notice the splitting because the purchase orders were prepared, reviewed, approved and signed in groups,” he added.
P-Noy event not spared
Makilala, who is currently in the witness protection program of the DOJ, said even President Aquino became a victim of an anomalous transaction when he attended and delivered a speech at a BuCor gathering on Jan. 27, 2011.
He alleged that for the “lavish one-day event,” the BuCor spent a “whopping” P2.3 million without conducting a public bidding. Tent rentals reportedly cost P450,000; carpet rental, P203,700; food, P719,211; and P537,649 for all tarpaulins used during the activity.
Makilala said the transactions were not subjected to public bidding allegedly because Santidad, as BuCor consultant on procurement, certified that the supplies and materials used were “all emergency in nature” mainly because they had a deadline to meet.
In steering clear of the required public bidding and shunning the approval of the DOJ, Makilala said the BuCor officials “distorted the truth in a matter of fact relevant to the procurement of various projects.”
Makilala said the respondents’ dismissal from government service “will excise a cancerous blight” at the BuCor.