Ombudsman suspends 6 poll execs

MANILA -- The Office of the Ombudsman on Thursday ordered a six-month preventive suspension of six election officials in connection with the botched ballot secrecy folder (BSF) deal.

Ombudsman Maria Merceditas N. Gutierrez suspended Commission on Elections (Comelec) executive director Jose M. Tolentino Jr.; Bids and Awards Committee (BAC) chairman Maria Lea R. Alarkon; and BAC members Allen Francis B. Abaya, Maria Norina T. Casingal, Martin B. Niedo, and Antonio B. Santella who were involved in the P690-million secrecy folder awarded, but later recalled, to OCT Paper Supply.

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In a 10-page order, Gutierrez said: "Careful assessment of the facts and circumstances of the instant case show that there is sufficient justification for the imposition of preventive suspension against herein respondents considering all the conditions for its imposition have been met."

The suspension order came three weeks after the Ombudsman's Field Investigation Office (FIO) filed an administrative complaint against the said Comelec personnel for violation of the Code of Conduct and Ethical Standards for Public Officials and Employees; and Dishonesty, Gross Neglect of Duty, Grave Misconduct, and Conduct Prejudicial to the Best Interest of the Service.

The FIO also filed a parallel criminal case against the named Comelec officials and two private individuals for violation of the anti-graft law (R.A. 3019) arising from the same issue.

The Comelec en banc earlier scrapped the P690-million secrecy folder deal with OTC Paper Supply (OTC) after finding out that the folders are overpriced and miscomputed.

The Ombudsman said that Tolentino "provided unwarranted benefits, advantage or preference to OTC Paper Supply by making prior arrangements and divulging valuable and confidential information as shown by the company's astonishing speed to produce a tailor-fitted, Comelec-approved, BSF design in just a matter of days."

On February 9, 2010, OTC submitted a proposal to the Comelec offering for sale their version of BSF to be used for the May 2010 elections.

On February 11, Tolentino presented to the Comelec en banc the BSF prototype of the OTC for its consideration. After six days, he was able to present the second BSF prototype bearing all the modifications in accordance with the en banc's concerns.

As to the members of the BAC, the Ombudsman noted that they "erred in undertaking the alternative mode of procurement, contracting without any initial inquiry as to the claim of exclusivity of OTC."

It also noted that the BAC "failed to follow the Manual of Procedures for Procurement of Goods and Services in conducting direct contracting procurement" in violation of the Government Procurement Reform Act (R.A. 9184).

OTC submitted its letter-proposal to the BAC for the sale of BSF on February 27, or 10 days after its design was approved.

Along with the proposal was a certification from the Intellectual Property Office (IPO), stating that the OTC-BSF has an outstanding application for utility model.

On March 5, without determining the exclusivity rights of OTC over the BSF design, the BAC issued a resolution choosing the alternative mode of procurement of direct contracting and recommending the award of the contract to OTC.

The Ombudsman directed Comelec Chairman Jose Melo to implement the suspension order within five days from receipt thereof.

But Comelec would not wait until Monday to implement the order.

According to Comelec spokesman James Jimenez, the poll body had passed resolution Thursday for the order's effectivity.

"We passed a resolution today (Thursday) suspending the named Comelec officials," Jimenez told Sun.Star.

Melo said that the decision will not affect the integrity of the poll body but it will gain more credibility.

"This is not in any way affecting. What are involved here are the secrecy folders, nothing to do with the election itself. We will gain more credibility because we asked for the investigation even before," he said.

But Melo refused to share his opinion on the order of the Ombudsman, saying: "I don't want to express one way or another. It's the decision of the Ombudsman."

Comelec Law Department Director Ferdinand Rafanan re-echoed the statement of the poll chief, citing, "It will raise the credibility of the Comelec because this proves that we don't tolerate irregularities."

Meanwhile, the Palace welcomed the development but leaves the continuing inquiry in the hands of the Comelec.

"The Comelec is an independent constitutional body. We leave it up to the discretion of the Comelec officials to decide with what they want to do with their own investigation," Presidential spokesperson Edwin Lacierda said.

"It is a controversy that needs to be resolved and we hope that it will be resolved speedily," Lacierda added. (Kathrina Alvarez/Jill Beltran/FP/Sunnex)