Article by:
Benjamin Pulta
MANILA – Three officials of the Technological University of the Philippines (TUP) Bids and Awards Committee (BAC) were vindicated after the Sandiganbayan cleared them of graft charges over an PHP8.4-million construction contract in 2009.
The 24-page decision of the anti-graft court's Second Division dated February 21 reversed the Manila Regional Trial Court Branch 50 ruling and set aside the conviction of Dr. Vicky Galiza, Dr. Melito Baccay, and architect Roberto Panganoron.
The graft court said the Manila court ruling in 2020 that sentenced the trio to up to six years in prison with perpetual disqualification from public office was "untenable and purely speculative".
"The recommendation of the TUP-BAC to award the contract to Erectors 2000 Inc. is not unwarranted and there is no showing that it adversely affected the project for the renovation/construction of the facilities," the Sandiganbayan decision read.
The contract was for the renovation of a stage and audio-visual room and the construction of the amphitheater of TUP Manila.
Among the bidders who were prequalified were 168 Paragon International Merchandise, which had the lowest bid, and Erectors 2000 Inc.
During the post-qualification process, however, the Department of Trade and Industry’s Philippine Contractors Accreditation Board noted that Paragon has been delisted, was not registered for government projects, and its license spurious.
The firm's owner, Manolito Ong, acknowledged the notice of post disqualification and requested for a refund of Paragon's bid security amounting to PHP100,000.
The TUP-BAC declined to refund as per the bidding rules.
Ong sued the TUP officials in 2014 and claimed Erectors 2000 Inc.’s certificate of registration with the Securities and Exchanges Commission (SEC) was likewise revoked in 2005 for non-compliance with reportorial requirements.
In 2020, the Manila court convicted the three officials, saying it was their duty to check or verify with the SEC before recommending the award of the contract.
The Sandiganbayan ruled. however. that at the time of the bidding in 2009, the rules in effect were the 2003 implementing rules of the Government Procurement Act, where the BAC was not required to undertake the verification and validation of the documents.
The rules were subsequently tightened in 2016.
"The Court holds that in eventually favoring Erectors and recommending the award of the contract to it, the TUP-BAC did not give unwarranted benefit to Erectors. The action of the TUP-BAC at the time was not lacking adequate or official support. It was not unjustified, unauthorized or without justification or adequate reasons," the decision read. (PNA)
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