Ombudsman orders filing of graft charges vs. Briones, Lao over 'pricey' P2.4B laptops

The Office of the Ombudsman has ordered the filing of graft and falsification charges against former Education Secretary Leonor Briones and former Budget Undersecretary Christopher Lao over the P2.4 billion worth of laptops purchased in 2020, which were deemed "pricey" by the Commission on Audit.

The laptops, priced at P58,300 each with an outdated Celeron processor, were purchased by the Department of Education for the implementation of distance learning amid the COVID-19 pandemic.

The Ombudsman also recommended the filing of charges against several former DepEd and DBM officials involved in the transaction.  

“The new bidding parameters, i.e. lower quantity and higher unit price, were reflected in the bidding documents and was used in the bidding process... These parameters facilitated the overprice and the consequent undue injury and gross disadvantage to the government,” the Ombudsman said. 

The Ombudsman said that the approved series of requests for extensions to deliver the laptops, requests to change payment terms, and other adjustments to the contract terms and conditions which, taken together, “betray an unusually deferential treatment and favor towards the Joint Venture consortium.” 

“Considering the complexity of the scheme and the individual participation of respondents as contributory to the carrying out and perpetuation of a common design to give unwarranted benefit to the Joint Venture and to cause undue injury to the government, a finding of probable cause for the prosecution of respondents under Section 3(e) of RA 3019 suffices since violation of Section 3 (a) and (g) of RA 3019 are already deemed subsumed therein,” the Ombudsman added. 

RA 3019 is the Anti-Graft and Corrupt Practices Act.

The Ombudsman added that the DepEd supply officers often received feedback stating that the computers they had purchased were:

• overpriced vis-à-vis the outdated or inferior technical specifications;
• unable to handle multiple applications at the same time;
• defective or fast-draining battery; 
• quite slow to boot-up; and
• immediately returned by the recipients, who opted to wait for better laptop models.

“Proof of conspiracy between and among respondents is evident from their acts pointing to a joint purpose and design, a concerted action and community of interest to cause undue injury to the government and give unwarranted benefit, advantage or preference to the Joint Venture,” the Ombudsman said.

In response, Briones said she would consult with her lawyers about the matter.

GMA News Online has also sought comment from Lao.

In its annual audit report on the agency for 2021, the Commission on Audit flagged DepEd for purchasing the P2.4 billion worth of laptops through the Procurement Service of the Department of Budget and Management (DBM-PS) when there are cheaper and better options in the market.

"Per available documents, the Audit Team could not ascertain the DBM-PS' basis for adopting the unit price of P58,300. Apparently, the supposed number of laptops to be procured of 68,500 units was significantly reduced to 39,583 units which was mainly due to the huge increase of estimated cost P35,046 to P58,300 anchored on the DBM-PS' recommendation, which was duly accepted by the DepEd," COA pointed out.

"The price per unit is pricey for an entry-level type of laptop which resulted in significant decrease in the number of units provided to intended users. The huge difference of P23,253 per unit price resulted in a significant decrease by 28,917 laptop computers. Consequently, an estimated 28,917 teachers were deprived of the possible benefits from the supposed provision of these laptops," COA added. —VAL/VBL, GMA Integrated News