Complaint for Kabankalan City officials dismissed
A criminal complaint for violation of Section 3 of Republic Act. No. 3019 or otherwise known as the Anti-Graft & Corrupt Practices Acts against Kabankalan City officials which included City Mayor Pedro Zayco, Jr., City Engineer Rogelio Diaz, Joseph Macaroy, chairman, BAC; Erma Villanueva, city treasurer; Bernardo Cavile, city accountant; Marino Davila and Higino Sixto Garaygay, BAC members was dismissed by the Office of the Ombudsman (Visayas) for lack of evidence.
In his affidavit-complaint, Ronel Bernabe, authorized representative of NIG Marketing Corporaton, states that on Aug. 16, 2004, a bidding was conducted by the City of Kabankalan for the installation of air-conditioning units at the new city hall building.
That despite having been qualified and offered the lowest bid, NIG Marketing was disqualified for the reasons that it failed to comply with item no. 13 of the technical specifications. It was also stated that the request for reconsideration of NIG Marketing was likewise denied by BAC per its resolution, dated Dec. 3, 2004 and was approved by the mayor.
Zayco, Villanueva and Cavile said they have no participation in the bidding in question as they are not members of the BAC. They said they merely acted in good faith in the discharge of their official functions.
In dismissing the graft charge against respondents, the Office of the Ombudsman (Visayas) rationalizes that “in the invitation to bid, the city government reserved the right to reject any and all bids.
BAC rejected the bid of NIG Marketing because it did not conform to the specifications prescribed by the procuring entity.
While the bid of NIG was the lowest, it would destroy the aesthetic utility of the city hall which was constructed at the cost of P130 M., said lawyers Jalore Bolivar and Maphilindo Polvora who defended the city officials of Kabankalan in the Office of the Ombudsman. (Eddie Yap)