FIVE Cebu Port Authority (CPA) officials are facing criminal charges before the Sandiganbayan over the allegedly anomalous purchase of three used big bikes for a total of P440,089 in 2006.
The case for violation of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act, was raffled to the Sandiganbayan’s Second Division last June 22, 2018.
The respondents are Engineering Services Department head Mario Gerardo Tan; Port Management Department manager Oscar Lopez; Legal Affairs Department manager Yusop Uckung; Cebu International Port manager Nimfa Hernandez; and Port Management Office-5 Mandaue manager Elizabeth Suarez.
They were earlier suspended for one year without pay after they were found administratively liable of grave misconduct.
Tan and Lopez served as chairperson and vice chairperson of the CPA’s bids and awards committee (BAC), respectively. Uckung, Hernandez and Suarez served as BAC members.
Also named respondents were CPA general manager Angelo Verdan; deputy general manager Dennis Villamor; and industrial security officer Owen Dominic Roma. The ombudsman, though dismissed for lack of jurisdiction the administrative cases against them.
Suarez and Lopez reportedly began serving their suspension last June 6, while Hernandez already retired. Tan and Uckung are still active in service.
In a text message earlier sent to SunStar Cebu, Verdan said that no less than President Rodrigo Duterte encourages citizens to report any perceived anomalies in government agencies. “However, an individual enjoys the presumption of innocence until proven otherwise,” he said.
He said that while the Ombudsman-Visayas had already penalized some of the port officials, they also sought relief from the Court of Appeals.
Three motorcycle dealers were involved in the CPA’s purchase of three big bikes for the port police’s “quick response team.”
The BAC awarded the contract of P440,089 to Drei Bikes Trading.
But the state auditors, in their audit observation memorandum dated March 8, 2007, stated the purchase was “irregular and could be subject to disallowance.”
The auditors discovered the motorbikes’ accessories were old and some parts were rusted. Oil from the engines also leaked and two of the three bikes’ engines had “abnormal engine conditions.”
The fact-finding committee found evidence that Roma was responsible for misconduct for the purchase.
The auditors said that the respondents should be held liable for grave misconduct for violating RA 9184, or the Government Procurement Reform Act.
The respondents, though, maintained that the purchase was above board and that they enjoyed presumption of regularity in the performance of their official functions.
They argued they did not cause “undue injury” to the government, except the auditor’s finding of prima facie evidence for misconduct.
They said Roma had an “unusual interest” in the purchase and even delivered the payment before the motorbikes were delivered, inspected and accepted.
But Roma resigned and migrated to the United States during the investigation and before the filing of charges against them.
Uckung said that he “unintentionally” signed the recommendation of the BAC to award the contract to Drei Bikes Trading when he was no longer a BAC member.
On Feb. 7, 2012, the CPA filed a complaint against Roma and Drei Bikes Trading for specific performance and/or collection of sum of money and damages.
On Sept. 3, 2015, the court ordered Roma to pay P500,000.
Although the CPA was able to collect the full amount paid for the defective bikes, the ombudsman ruled that Tan, Lopez, Uckung, Hernandez, and Suarez should be held liable for grave misconduct for the purchase of secondhand motorbikes through canvassing instead of a public bidding.