New raps for BuCor chief over P94-M catering deals
MANILA, Philippines - Bureau of Corrections (BuCor) director Gaudencio Pangilinan faces a new graft charge for three allegedly anomalous catering service contracts worth a total of P94.9 million.
Prison Guard 3 Kabungsuan Makilala filed on Aug. 9 a separate graft charge with the Office of the Ombudsman, saying that Pangilinan should be held responsible for the contracts to provide food to inmates of the minimum security compound, the reception and diagnostics center, the Muntinlupa juvenile therapeutic center, the correctional institute for women, and the medium security compound because they “are replete with outright violations of the procurement law.”
Makilala, a former member of the BuCor’s bids and awards committee, had filed a similar case before the Department of Justice (DOJ) in May.
Pangilinan has earlier denied the allegations, claiming they were filed by those who oppose the reforms he has reportedly instituted in the agency.
He alleged that transactions involving firms Meyer’s Foods and Services Inc., Marinold Grill Corp., and Mang Kiko Catering Services Inc. were approved without the required consent of the DOJ.
Notices of award were also allegedly issued without proper authority by assistant director for administration and rehabilitation Teodora Diaz instead of Pangilinan, who is the head of the procuring agency, Makilala said.
He added that chief of staff and consultant Venancio Santidad reportedly issued notices to proceed without the appropriate written authority, again in alleged violation of procurement rules and regulations.
Makilala said the irregularities indicate the respondents “disregard, if not disdain” for the rules.
He said Pangilinan and other BuCor officials should be charged for violating Section 3(e) of the Anti-Graft and Corrupt Practices Act for acting with “manifest partiality, evident bad faith, or inexcusable negligence.”
The DOJ’s fact-finding panel, which has already conducted an investigation into the catering services anomaly, found merit in Makilala’s allegations.
“The procurement process of these three catering contracts are fraught with legal technicalities,” its report, a copy of which was obtained by The STAR, read.
The panel said rules on the mandatory requirement that an observer from the DOJ for all procurement activities were violated and Diaz had “no legal authority” to issue notices of award.
“The notices to proceed by Director Pangilinan are illegal since the contracts have yet to be approved by the Secretary of Justice as the appropriate approving authority,” the three-man fact-finding team ruled.
The panel recommended the filing of administrative charges of grave misconduct, gross insubordination, and conduct prejudicial to the best interest of the service against Pangilinan, Diaz, Santidad, and 14 members and officers of the bids and awards committee, headed by chairman Alfredo Benitez.
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