Contractor returned payment for rifles, confirms Treñas
City Mayor Jerry Treñas yesterday confirmed the contractor of the AR-rifles already returned the money to the city government after the rifles were found to be defective.
Treñas said R. Espenelli Marketing supplier of five AR-15 rifles returned the money used as payment for the delivery of the firearms after it was found to be defective.
It was not immediately known on how much the contractor gave back to the city government out of the P675,000 contracted price for the firearms intended for the use of the Special Weapons and Tactics Team (SWAT) of the city.
Treñas said the act which prompted the contractor to return the money of the city government is in accordance with the legal opinion tendered by City Legal Office head Atty. Edgar Gil.
The mayor did not categorically say on whether the city government will take action against the supplier for the questionable delivery of the purchased firearms. He, however said that Gils opinion stated that the return of the money is "without prejudice to whatever action" the city may take.
He also did not comment on whether the contractor would be banned in joining in the citys future biddings after what happened.
The contractor has the right to take back the defective firearms after he returned the payment to the City Treasurers Office. If Herbolario decides to withdraw the firearms from the vault of the City Treasurers Office, the scheduled executive session on December 16, 2008 would mean nothing.
In its last Wednesdays regular session, the council decided to have an executive session to view the questionable firearms. The members of the Bids and Awards Committee responsible for approving the contract and accepting the delivery of the firearms were among those called by the council to attend.
The BAC is headed by Atty. Gil and the members are composed of City Administrator Melchor Tan, Executive Assistant to the city mayor Francis Te, City Budget Officer Ninda Atinado and General Service Office head Agustin Sangrador.