CEBU City Mayor Tomas Osmeña filed yesterday criminal and administrative complaints against former mayor Michael Rama and six of his former employees over their failure to conduct a bidding for a project.
Included in the complaints is the operator of a private landfill in Consolacion.
The criminal complaint is for violation of Section 3(e) of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act and Falsification of Public Documents under Article 171, paragraph 4 of the Revised Penal Code.
Aside from Rama, the respondents include the officers and members of the Bids and Awards Committee (BAC) for Goods and Services, such as Ester Concha, (chair), Belinda Navascues, (vice chair), Rolando Ardosa, (member), Conrado Ordesta, (member) and Atty. Collin Rosell, (member).
Also in the list is former Department of Public Services (DPS) official Dionesio Gualiza.
Osmeña also included Asia Energy System Corp., the operator of the private landfill in Consolacion.
He also included administrative complaints for grave misconduct, serious dishonesty and gross negligence of duty against Rama and the six others.
When sought for comment, Rama said he is just waiting for the copy of the complaint, which he will refer to his lawyers.
“We have been answering that a long time ago. I don’t know if he is just doing that for diversionary tactic because his solid waste management is more expensive than it was during my time,” Rama said.
In his news conference, Osmeña said the complaint goes to show that the previous administration was not transparent.
“Baho gyod kaayo ni nga transaction (Many things are wrong in this transaction),” he said.
In his complaint, Osmeña alleged that Rama and other previous BAC officials did not conduct a public bidding for the procurement of garbage waste disposal services worth P25.4 million.
He said that Rama and the others acquired instead the services of Asian Energy through direct contracting after Gualiza “fraudulently” certified the company is the sole supplier and operator of the landfill.
However, the Commission on Audit (COA) belied the certification of Gualiza and the Department of Environment and Natural Resources.
In an audit memorandum dated Jan. 29, 2015, COA observed that there were still other landfill operators aside from Asian Energy.
COA said two procurements of services to Asian Energy, without public bidding, despite the availability of other landfill operators, violated provisions of RA 9184, or the Government Procurement Reform Act.
“With the awarding of direct contracting to Asian Energy Systems Corp., the other qualified and licensed landfill operators were deprived (the chance to join) the bidding process, thus, the governing principle on transparency and competitiveness have not been achieved contrary to Section 3 of RA 9184,” read portion of the COA report. (RVC)