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Monday, May 12, 2008
Lapu-Lapu mayor answers graft charge
CEBU CITY -- Lapu-Lapu City Mayor Arturo Radaza said he exercised “prudence and circumspection” and claimed innocence in the purchase of the alleged overpriced computer units for the city’s public schools.
He said his legal responsibility as local chief executive and the approving authority as head of the procurement committee were “ministerial in character” which “heavily relied on the presumption of the regularity of performance of duties and responsibilities of his subordinates.”
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“This is not to pass on the blame but rather, to underscore my legal responsibility and the inevitable consequence of my performance in office,” Radaza said in a May 8-counter affidavit submitted to the Office of the Ombudsman-Visayas for the graft charges.
He also said the computer units, worth P49,900 each, could not be overpriced since even the Armed Forces of the Philippines (AFP) purchased the same units from the same supplier at P90,000 each.
The anti-graft office last December found grounds to upgrade into a formal criminal charge the complaint filed by businessman Efrain Pelaez Jr. against Radaza and 19 others for purchasing P23.4 million worth of computers in 2005.
Radaza’s reelection in the 2007 elections dissolved the administrative charge for dishonesty against him, in accordance with the Aguinaldo doctrine.
The mayor also denied allegations that the City Government favored the winning bidder Kein Enterprises, citing that the other suppliers failed to submit pre-qualification documents to qualify as bidders.
In his counter affidavit, Radaza said complainant Efrain Pelaez Jr. filed the case as retaliation after he ordered the destruction of the causeway across Agus Cove.
He also accused Pelaez of trying to dupe the former mayor Ernest Weigel Jr. Ernest’s widow, Paz, who ran against Radaza but lost, and son Mark Steven, executed affidavits to support Radaza’s allegations.
“Pelaez’s predisposition to evade payment of taxes as well as his propensity to exploit the City’s properties with immunity may have been due to the anomalous transaction he had with the late mayor Weigel,” Radaza’s affidavit read.
He accused Pelaez of giving P1.5 million worth of shares in Coral Point Properties to Ernest. Pelaez allegedly tried to buy back the shares for only P500,000 after Ernest died, a move which “irritated” the Weigels.
However, Pelaez, when sought for reaction, said the issue raised by the Weigels has nothing to do with the computer scam.
“Even if Satanas pa ilang i-ngan nako, it will not change the fact that they bought those overpriced computers and railroaded the bidding process,” Pelaez said.
He has no idea why the Weigels are joining the fray but believes they’re only supporting Radaza, who is now their political ally.
He urged Radaza to stick to the issues and answer the charges.
Citing Sun.Star Cebu’s report on the Supreme Court upholding the suspension of former Cebu City treasurer Eustaquio Cesa on the “illegal practice” of granting cash advances to pay masters, Pelaez said Radaza should be answerable for the questioned purchase under the policy of command responsibility.
As for Radaza’s claims on the similar purchase made by the AFP, Pelaez suggested that the agency should also be “persecuted.”
“If he can cite one that purchased it at P90,000, I can cite a thousand people that have bought it at P17,000,” Radaza said.
Radaza, in his counter affidavit, said that the charges for overpricing were anchored on the public offer made by suppliers Max Savers Corp., Nutech Marketing, Rhine Marketing Corp. and Thinking Tools Inc.
However, he said the source of information was a Sun.Star Cebu report, which does not qualify under the Government Procurement Reform Act.
He said the prices that should be used for comparison are those presented by the bidders.
“Unfortunately, none of the foregoing establishments have been pre-qualified pursuant to the law,” he said.
Radaza also pointed out that although the initial post audit conducted by the Commission on Audit of Lapu-Lapu City showed that the purchase included two computer parts that were not in accordance with the specifications, state auditors did not report any overpricing.
There was an urgency to deliver the units due to the scheduled ceremonial launching to be led by President Gloria Arroyo.
However, he said that the supplier checked the questioned parts and promised that “in the event performance, efficiency and utility of the units will be affected,” it will reimburse the City on the price difference of the parts supplied. (CYR of Sun.Star Cebu)
For more Philippine news, visit Sun.Star Manila. (May 12, 2008 issue)
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