Graft raps filed vs. ex-Manila mayor Lim over 'anomalous' parking meter project

A private individual has filed a graft complaint against former Manila mayor Alfredo Lim in connection with the alleged anomalous awarding of contract for the installation of parking meters in the city in 2012.

In a nine-page complaint filed before the Office of the Ombudsman on Monday, complainant Ricardo Cruz said Lim, who is running for Manila mayor in 2016, should be held liable for violations of Sections 3 (e) and (g) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

GMA News Online sought a reaction from Lim, but he has yet to respond as of posting time.

Named as Lim’s co-accused were private individuals Rorie Cariaga, vice president of Tokagawa Global Corporation, and Napoleon Ibalio, managing officer of Matsuyama Corporation.

The complaint stemmed from the alleged anomalous Tripartite Memorandum of Agreement (TMOA) the city government under Lim entered into with Tokagawa and Matsuyama in September 2012 for the installation and maintenance of parking meter and other parking devices in key areas in the city.

Based on the agreement, Matsuyama will provide the parking meters and other parking devices to the city, while Tokagawa will be in charged of their operation and maintenance.

The agreement said the Manila shall be entitled to 20 percent of the net proceeds while 80 percent shall inure to both contractors.

"Grossly disadvantageous"

Complainant Cruz, represented by his lawyer Jeamie Salvatierra, said the TMOA was “grossly disadvantageous” to the government and was tainted with irregularities as reflected in a recent Commission on Audit (COA) report.

He said that based on a COA report dated October 13, 2015, the installation of the parking meter system “does not fall under any of the eligible types of projects” enumerated under the implementing rules and regulations (IRR) of Republic Act 6957 as amended by RA 7718 or the Government Procurement Policy Law.

“Henceforth, it is clear that respondent Lim was manifestly partial to the respondent contractors in awarding the project for parking meter system to them and that the TMOA which respondent Lim entered into was grossly disadvantageous to the government,” the complaint read.

It added that the COA report also noted that the two companies failed to submit the compliance requirements stated under the Government Procurement Policy Law, and that “the contractor failed to perform its essential obligations stated in the TMOA.”

Huge profit, measly investment?

The complainant further alleged that the two contractors’ initial investment for the project amounting to P11.587 million might not have been enough especially as the two companies are set to gain huge profits for the project.

“No scope of work and detailed breakdown of the bid amount of P11,587,923.20 was submitted, thus, it could not be verified if the contractor has infused the investment necessary for the project,” the complainant said, quoting the COA report.

The complainant pointed out that with the “measly investment” of P11.587 million, the respondent contractors have already earned a total of P216,368,258 for operating the parking meter system only for 2013 to 2014.

“At this juncture, it is worthy to reiterate that the TMOA has an effective duration of 25 years! The City of Manila could have profited more from this project, had it not been for respondent Lim’s machinations,” the complaint read.

“For the record, the complainant is still gathering evidence to elevate the instant case to plunder,” it added.

No politics involved

In a chance interview after the filing of the complaint, Salvatierra clarified that her client is a private concerned citizen and does not belong to any political party.

“He is a private complainant, he does not represent any party. He is merely a taxpayer and feels that the people have the right to know about this,” Salvatierra said.

Salvatierra said it took them only now to file the complaint as their camp still gathered enough evidence.

“Ngayon lang kami nakakuha ng sapat na ebidensya at nakakuha ng sapat na dokumento kaya ngayon lang kami nakapag-file,” Salvatierra said.

Salvatierra said that aside from the COA report, they also have witnesses who are willing to testify on their first-hand knowledge about the alleged anomalous project. —KBK, GMA News