Talisay official hits back 'Complaint misleading, with malicious intent'

CEBU, Philippines - Talisay assistant city engineer Gamaliel Vicente yesterday hit back at what he called "a misleading and with malicious intent" complaint filed against him and members of the Technical Working Group (TWG) by a job order employee assigned at the Office of the City Secretary.

Kevin Juezan is asking the Office of the Ombudsman-Visayas to investigate on some officials of  TWG, formerly chaired by Vicente, after the Commission on Audit found that the city spent about P5.8 million in several transactions that were supported by fake bidding documents.

Juezan's complaint was based on COA's recommendation for an investigation on personnel responsible for the illegal disbursement of almost P6 million worth of projects.

"The complaint is misleading and with malicious intent towards the TWG chairman and its members. It is safe to assume that Juezan is misinformed and someone is asking him to file the said complaint targeting only the TWG for some reasons detrimental to them," Vicente said in his reply.

Vicente said he checked with the Human Resource Department regarding Juezan's status as an employee and found out that he was assigned at the Sangguniang Panlungsod under the quota of Vice Mayor Romeo Villarante since July 1, 2013.

Juezan, in his letter addressed to Ombudsman, said that TWG members, along with other officials, had violated Article 171 of the Revised Penal Code and Republic Act 3029 or the Anti-Graft and Corrupt Practices Act for allowing the illegal disbursement, which was revealed by a COA Internal Audit Report dated Aug. 28, 2013.

In a 2012 audit report, the COA stated that the administration of former mayor Socrates Fernandez allegedly violated the law by allowing the release of  P5,866,930 in various transactions that involved falsified canvass documents.

Auditors said some of the signatures on the canvass documents for the repair of city-owned vehicles and heavy equipment were forged and one of the private contractors had ceased operations yet in 2010.

COA already recommended that the Talisay City government conduct an impartial investigation and institute appropriate sanctions against personnel responsible for the disbursements.

The commission also advised the TWG to scrutinize canvass and bid documents to ensure fairness and transparency in the bidding process.

But Vicente explained that TWG is under the Bids and Awards Committee (BAC) and that the head of the procuring entity (HOPE) is the city mayor.

"The TWG's role is recommendatory in nature, subject to the final approval of the BAC and the HOPE," Vicente said, adding that it is beyond the TWG's jurisdiction to look for bidders or to choose the bidders.

Furthermore, Vicente said TWG's accountabilities do not include the process of disbursements and payments since it belongs to the mayor, city treasurer and city accountant.

The TWG, which is working under the city's BAC, is composed of assistant city engineer Gamaliel Vicente, fellow city engineer Arnel Bacalso, General Services Office worker Dwight Damalerio, City Hall mechanic Fortunato Mata and former city consultant for solid waste management Edwin Nierves.

As to the alleged fake canvass documents as claimed by Juezan, Vicente said "the TWG only checks the canvass documents as part of the process flow; we are designed to protect the interests of the Talisay City government."

"Whether they are fake or forged, the stationaries and letter heads are from the prospective bidders/suppliers with their office telephone numbers on it and it is beyond the jurisdiction of TWG to prove their authenticity," Vicente added. 

Vicente argued that the supporting documents are certified by the requisitioning office as to their propriety, legality and validity.

On Juezan's request to conduct a lifestyle check on those involved in the transactions to determine how much they earned from the controversial transactions, Vicente said that he welcomes the move.

Juezan was not around at the Office of the City Secretary yesterday but city secretary Emigdio Enjambre Jr. admitted that he assisted Juezan in filing the investigation against the members of the TWG especially against Vicente.

"I assisted him (Kevin) to file against him and the members of the TWG. Ang tuyo mao nga matul-id ang kahiwi-an," Enjambre said.

Enjambre insisted that there was nothing malicious on the complaint filed against Vicente.

"It was not malicious kay the complaint was not fabricated," he said. (FREEMAN)