Guevarra vows to review contract of Calida family’s security firm with DOJ

Justice Secretary Menardo Guevarra vowed Wednesday to review the contract entered into by the security firm owned by the family of Solicitor General Jose Calida with the Department of Justice after the issue was raised during the Commission on Appointments hearing.

“To satisfy everyone, we’ll take a look. I’ll call the BAC, the bids and awards committee, and find out from them if all the proper procedures were observed,” Guevarra told reporters.

He reiterated on the presumption of regularity on the contracts as it underwent a public bidding but was quick to clarify that it was just a presumption.

“That’s just a presumption so ang ibig sabihin noon, if there’s evidence to the contrary na baka there is some violation to the procurement laws natin, and then it’s something that is worth looking into. So the DOJ will be open also to review ‘yung mga contracts na ‘yun but only in so far as the DOJ contract is concerned,” he said.

He said he cannot speak about the contracts of Calida family-owned Vigilant Investigative and Security Agency Inc. (VISAI) with other government agencies as they are not privy to those.

Guevarra said the concern of DOJ is whether procurement laws, procedures, and regulations were followed.

“Public bidding ‘yun so everyone is entitled to bid. It’s open to the public so regardless of who the bidder is kung nagko-comply siya sa hinahanap ng DOJ then that’s it unless there are some other violations of law that may be discovered,” he said.

Conflict of interest

Guevarra refused to comment on the issue of conflict of interest, saying it is Calida who should comment on it.

He said conflict of interest with DOJ would only come into play when the bidder has any relation with the DOJ BAC. He said the BAC does not look into the personality of the owners of the company.

He said that from a legal standpoint, the company and the shareholder or owner are two different persons.

“‘Yung corporation has a legal personality which is separate and distinct from the owners of shareholders. May sariling personality ‘yung kumpanya e. We all know that from Corporate Law. Hindi namin kino-consider na yung nagbi-bid ay si Solgen Calida, ang nagbibid is a private company with a legal personality of its own,” he explained.

“Kung merong ethical considerations e that’s for Solgen Calida to deal with but from our point of view, we are dealing with a legitimate corporation,” he added.

He further said that there is nothing illegal if a public servant has a share in a company as long as he is not actively participating in the operations or management.

“Ang bawal ‘yung ikaw mismo ang nagpapatakbo ng kumpanya na ‘yun, actively involved ka in the operations, in the management of a certain corporation kasi public official ka na. Kung meron ka lang shares in that corporation, that is not illegal, walang masama roon. Maraming public officials na may investment sa let’s say big telephone company, savings niya yun e gusto niyang ilagay sa investment, walang illegal doon,” Guevarra said.

Contracts’ validity

The DOJ chief said Tuesday that he will not investigate the deals between the DOJ and Calida family-owned Vigilant Investigative and Security Agency, Inc. (VISAI) unless the contracts' validity is questioned.

“From the viewpoint of the DOJ, what is important is that all procurement laws, rules and regulations were observed when it entered into these contracts,” Guevarra said in a text message to reporters.

“Unless there’s a challenge to the validity of the contracts, there is no need for us to investigate,” he said.

During the CA hearing, Senator Francis Pangilinan said Guevarra “can review the matter further considering that it has been just a few days since this controversy erupted and that more information may be made available that may further enlighten the Secretary.”

Pangilinan clarified that he has no objection to the DOJ chief’s confirmation noting his credentials and track record.

The CA Committee on Justice held a caucus Wednesday to discuss the confirmation of Guevarra.

Executive Secretary Salvador Medialdea was present when Guevarra faced the CA panel.

Guevarra was a deputy of Medialdea prior to his appointment to the DOJ to replace resigned Secretary Vitaliano Aguirre II.

He also served as Deputy Executive Secretary for Legal Affairs during the term of former President Benigno Aquino III. Guevarra had also been appointed commissioner at the Philippine Competition Commission.

He had worked for the National Economic and Development Authority, Bangko Sentral ng Pilipinas, and was a former faculty member of the Ateneo de Manila University School of Law.

Guevarra placed second in the 1985 Bar examinations. —KG/RSJ, GMA News