Ombudsman orders dismissal of Southern Leyte Gov. Mercado

The Office of the Ombudsman has ordered the dismissal of Southern Leyte Governor Damian Mercado for his alleged mishandling of the procurement of government service vehicles.

The Ombudsman also meted the accessory penalties of perpetual disqualification from holding public office and the forfeiture of retirement benefits after the anti-graft office found him guilty of grave misconduct.

Mercado and five former city officials—Crispin Arong, Jr., Feorillo Demeterio Jr., Anecito Narit, Benjase Lumen, Consuelo Ladrera; and supplier Baltazar Avila Sr. of Kojac Auto Repair Shop and Auto Supply—will also face trial at the Sandiganbayan for violation of the Anti-Graft and Corrupt Practices Act.

Based on records obtained by investigators, Mercado approved the purchase of three secondhand vehicles worth a total of P2.3 million during his term as Maasin City mayor in 2007.

The Ombudsman, however, said two of the vehicles procured were already more than a decade old. “By the time the procurements were made, the Mitsubishi Pajero unit was already 13 years old while the Toyota Grandia was 11 years old and the Isuzu Wizard was 12 years old.”

In its resolution, the Ombudsman said the bids and awards committee also failed to show proof that they published an invitation to bid to ensure a competitive bidding when Mercado awarded the contract to Kojac.

It noted that the respondents' actions exhibited "manifest partiality, evident bad faith or gross inexcusable negligence in awarding the procurement contracts to Kojac without regard to pertinent law and rules.”

Ombudsman Conchita Carpio Morales said Mercado is liable for the offense since it is his duty to ensure that all government transactions are compliant with procurement rules.

“As head of the procuring entity, [Mercado] has a duty to ensure that all the procurements of the city government are in compliance with the law and other applicable rules,” Morales said.

The Ombudsman further scored the respondents for purchasing the decade-old vehicles, which fails to meet the requirements stated under a national budget circular of the Department of Budget and Management.

“Given that the subject vehicles were already more than 10 years old when these were purchased, their remaining useful life is obviously below the standard prescribed in the Circular,” the Ombudsman said.

“Whether the vehicles are in good condition, still functioning properly, or has been refurbished is also not considered material in determining their remaining useful life,” it added. —KG/KVD, GMA News