THE Office of the Ombudsman-Visayas suspended for one year without pay five officials of the Cebu Port Authority (CPA) over the allegedly anomalous purchase of three used big bikes for P440,089 in 2006.
Cynthia Maturan-Sibi, graft investigation and prosecution officer, found the five CPA officials administratively liable for grave misconduct.
“Having established the responsibilities of respondents in relation to the purchase, it is clear that they willfully violated established laws and rules, which violation was tantamount to grave misconduct,” read Sibi’s 18-page decision.
The suspended CPA officials are Engineering Services Department head Mario Gerardo Tan; Port Management Department manager Oscar Lopez; Legal Affairs Department manager Yusop Uckung; Cebu International Port manager Nimfa Hernandez; and Port Management Office-5 Mandaue manager Elizabeth Suarez.
Tan and Lopez served as chairperson and vice-chairperson of CPA’s bids and awards committee (BAC), respectively. Uckung, Hernandez, and Suarez served as BAC members.
Also named respondents to the complaint were CPA general manager Angelo Verdan; deputy general manager Dennis Villamor; and industrial security officer Owen Dominic Roma.
Suarez and Lopez reportedly began serving their suspension last June 6, 2018, while Hernandez already retired from service. Tan and Uckung are still active in service.
The ombudsman dismissed for lack of jurisdiction the charges against Verdan, Villamor, and Roma.
Joselito Igot-Bangot of Lapu-Lapu City had sent a letter to the Presidential Complaint Center informing the President that Uckung refused to serve his suspension despite the denial of a motion for reconsideration.
The CPA conducted a bidding for the purchase of three big bikes purportedly for the port police’s quick response team.
Drei Bikes Trading won the bidding and the BAC awarded to them the contract for P440,089 for the purchase of the three big bikes.
But the state auditors, in their audit observation memorandum dated March 8, 2007, stated the purchase of the motorbikes was “irregular and could be subject to disallowance.”
The auditors discovered the motorbikes’ accessories were old and some parts were even rusted. The engines also leaked oil and two of the three bikes’ engines were in “abnormal” conditions.
Full amount collected back
A fact-finding committee created by CPA found evidence that Roma was responsible for misconduct.
State auditors said the respondents should be held liable for grave misconduct for violating Republic Act 9184, or the Government Procurement Reform Act.
Replying to the charges, the respondents said the purchase was aboveboard and that they “enjoyed” presumption of regularity in the performance of their official function.
They argued they have not caused any undue injury to the government.
It was Roma who had an “unusual interest” in the purchase of the bikes and allegedly delivered the payment even before the motorbikes were delivered, inspected and accepted.
But Roma resigned and reportedly migrated to the United States during the investigation and before the filing of charges against them.
For his part, Uckung said that he “unintentionally” signed the recommendation of the BAC to award the contract to Drei Bikes Trading when he was no longer a BAC member.
Last Feb. 7, 2012, the CPA filed a complaint against Roma and Drei Bikes Trading for specific performance and/or collection of sum of money and damages before the Regional Trial Court in Cebu City. On Sept. 3, 2015, the trial court ordered Roma to pay P500,000.
Although the CPA was able to collect back the full amount paid for the defective bikes, the ombudsman ruled that Tan, Lopez, Uckung, Hernandez, and Suarez should be held liable for grave misconduct for the purchase of secondhand motorbikes through canvassing instead of a public bidding.