Wednesday, March 05, 2008 Mayor faces charges By Gil Alfredo B. Severino
NOW it is the turn of Mayor Jose "Oti" Montelibano to be charged with grave misconduct, dishonesty and conduct prejudicial to the best interest of the service.
Private citizen Jose Lindy Chan and Jojo Sumiller of Barangay Mambulac, Silay City filed before the Office of the Deputy Ombudsman-Visayas in Cebu City the above charges after Montelibano ordered the purchased of 40 sacks of rice worth P48,800 in a Talisay City store, Gyan Rice and Feeds Supply.
Said purchase were delivered, paid for and allegedly distributed to the military detachments assigned at the Bacolod-Silay Airport but which said millitary detachment denied receiving the goods.
Charged together with Montelibano are Silay City Administrator Ignacio Salmingo and City Legal Officer Kara Aimee Quevenco.
Quevenco is also chairman of the bids and awards committee, who Chan said, "Should have known better being a lawyer."
A copy of the complaint sent Sun.Star Bacolod, Chan alleged that on December 26, 2007, upon recommendation of Quevengco and Salmingo, Montelibano signed purchased order no. 1180 ordering said P48,000 worth of rice tagged "shopping" as a mode of purchased.
Same complaint stated that a 'shopping' purchased can only be effected during an unforeseen contingency requiring immediate purchase.
It was evident that there was no unforeseen contingent like typhoon or war at the time of the purchased, the complaint said.
Also, Chan's complaints stressed the absence of bidding and that the purchase of rice was made in Talisay City when Silay City has abundant supply of said products.
The complaint further mentioned failure of Montelibano, Quevenco and Salmingo to prepare an Annual Procurement Program and failure to require the awardee for a 'Warranty' thus violating certain provisions of the Local Government Code.
Chan finds the action of Montelibano, Quevenco and Salmingo very "intentional to violate the law and flagrantly disregard the established rule on public bidding and awarded that flawed purchase order to Gyan Store," claiming them guilty of grave misconduct.
As to the procurement through the shopping method, Chan accused Montelibano, Quevengco and Salmingo of dishonesty.
Meanwhile, the "rigged public bidding favoring certain suppliers, constitutes conduct prejudicial to the best interest of the service," Chan accused.