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Thursday, December 13, 2007
Crime raps filed against Lapu mayor, 19 others
By Karlon N. Rama
With Allan I. Varquez
CEBU CITY -- The anti-graft office found grounds to upgrade into a formal criminal charge the complaint against Lapu-Lapu City Mayor Arturo Radaza and 19 others for the alleged overpriced purchase of computers in 2005.
Based on the 10-page final evaluation report (FER) the Office of the Ombudsman-Visayas released Wednesday, Radaza and his co-respondents caused "undue injury to the government through manifest partiality" and "with evident bad faith."
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Their actions, based on the document, constituted "gross inexcusable negligence" as manifested in the way they paid for and accepted the computers even though they were "not in accordance to the specifications and were also overpriced."
Another complaint was also filed against Radaza and other city officials for the demolition of a causeway in Barangay Agus. The mayor is also accused of having ghost employees.
The complaints were filed by businessman Efrain Pelaez Jr., who has tangled with the mayor over allegations of corruption and non-payment of taxes.
Except to say that the law should be allowed to take its course, Radaza refused to comment on the ombudsman's move.
But Richard Sison, family lawyer of the Radazas, said the findings gave the mayor and his co-respondents the proper forum to defend themselves against the accusations of Pelaez.
"Mr. Pelaez filed a request for an investigation, but before the ombudsman could come up with a resolution he worked heaven and earth just to destroy the reputation of the honorable mayor...and that is very, very unfair," he said.
The issuance of the FER signals the start of the formal investigation against the officials. At this stage, they will be required to submit their counter-affidavits and evidence.
It is also at this point where the respondents, either upon motion of the complainant or the discretion of the anti-graft office, may be put on preventive suspension.
Pelaez, as president and founder of Coralpoint Educational Foundation Inc., filed last September 19 the complaint on the alleged overpriced purchase of P23.4 million worth of computers.
He attached copies of the finance documents covering the transaction and compared the quoted prices with clippings of newspaper ads showing computer prices at that time.
Pelaez had said the Lapu-Lapu City Government spent P23,476,500 or some P50,000 for 470 personal computers that, at the time of the purchase, were worth less than half the unit price.
He also attached a copy of a Commission on Audit report that the computers delivered to the city were inferior to the ones pecified in the purchase order, Celeron instead Pentium IV.
Associate Graft Investigator Elmer Gutierrez, whose background is computer electronics and is a certified network professional, conducted the fact-finding investigation that aimed to confirm or refute the allegations presented in the Pelaez compliant.
He found evidence supporting the complaint, particularly the pricing.
"From the original specifications requested by the City Government, which is Pentium IV type computer (clone), the amount of P50,000 per unit...would be obviously considered too much as compared with the market price at that time. Hence, (the price) can be said to be bloated already from the start," Gutierrez said.
But what was more perplexing to Gutierrez was why the delivered computers were accepted despite the glaring difference.
"It can be said that the delivered 470 units by the Kein Enterprises are not in accordance with the specifications in the purchase order and the published invitation to bid. And yet, these were accepted by the City Government," he said.
He confirmed other items Pelaez brought up in the original complaint, like some of the computers were sent to schools in Caubian Island and Pangan-an Island which, at that time, had no or limited-time electricity.
City Administrator Teodulo Ybanez, one of those named in the computer scam, said the ombudsman's recommendation ended Pelaez's "obnoxious campaign to destroy the integrity of the City Government" by hurling accusations while waiting for the anti-graft body to act on his request.
"It's time for us now to argue who is telling the truth and, at the same time, unearth the real motive of the accuser," he said.
He said he is not disturbed by the action of the ombudsman because every transaction at City Hall had passed through the usual process of consultation among department heads and public bidding.
In a separate interview, Sison said some sectors, including the media, have been trying to squeeze Radaza for an answer on the alleged overpriced computers, but the mayor has declined.
Aside from the Mactan Island Chamber of Commerce and Industry, Pelaez got support from other business groups in Cebu City and Consolacion town. Radaza, meanwhile, rallied the support of barangay leaders and urban poor organizations.
Charged with Radaza are City Attorney Vincent Joseph Lim, Ybañez, City Accountant Buenaventura Igot, City Schools Superintendent Serena Uy and Jennet Valencia, representing the supplier Kein Enterprises.
Likewise charged were members of the city's bids and awards committee-lawyers Fernando Tagaan and Michael Dignos, Victoria Andoy, Elena Pacaldo-as well as members of the technical working group-engineer Rogelio Veloso, Dr. Cipriano Flores, Sharon Baguio, Jerico Mercado and engineer Maribeth Sorono.
Also charged were Marita Guiao, who certified that the amount in the purchase request were the prevailing market prices; Cleofe Solis, who along with the other members of the inspection committee - Leandro Dante, Ernesto Imbong and Rogaciano Tampus - accepted the delivered units and noting them as the same ones ordered.
The anti-graft office instituted a separate administrative charge of dishonesty but it excluded as respondents the mayor, owing to the Aguinaldo Doctrine-the incident happened during the mayor's previous term.
Valencia was also excluded. (Sun.Star Cebu)
For more Philippine news, visit Sun.Star Iloilo. (December 13, 2007 issue)
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