Ombudsman orders Bacolod mayor dismissed over P50-M office furniture bid

Ombudsman Conchita Carpio Morales has ordered the dismissal from service of Bacolod City Mayor Evelio Leonardia and eight other local officials after finding them guilty of grave misconduct and gross neglect of duty in connection with the allegedly anomalous bidding of office furniture worth P50 million.

Also ordered dismissed by the Ombudsman were Leonardia's secretary Goldwyn Nifras, city budget officer Luzviminda Treyes, department of public services head Nelson Sedillo Sr., city accountant Eduardo Ravena, city treasurer Annabelle Badajos and city engineers Belly Aguillon, Aladino Agbones and Jaries Ebenizer Encabo.

Leonardia and the local officials whom the Ombudsman ordered dismissed will also face trial before the Sandiganbayan for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act over the purportedly flawed bidding.

Investigation by the Ombudsman for the Visayas Public Assistance and Corruption Prevention Office showed several irregularities took place in the local government's procurement of office furniture and fixtures in 2008, for which a total of P49,059,696.81 was paid to the winning bidder Comfac Corporation.

Among the violations which the Ombudsman noted in the bidding process were the unlawful conversion of Comfac’s bid security of P500,000.00 and treating it as the bidder’s performance bond, as well as the improper issuance of a mere purchase order for a multi-million-peso project instead of a contract as required under the procurement law.

In addition, the Ombudsman found that the concerned local officials failed to exercise due diligence in the computation of liquidated damages against the supplier in view of repeated delays in delivery, and they awarded the contract to a supplier without meeting the eligibility requirements as set by the city as procuring entity.

Morales said that as city mayor, Leonardia "is duty-bound to exercise general supervision and control over all programs, projects, services and activities of the city government, including examining the books, records and documents of all offices.”

"[H]ad he performed his supervisory duty, he would have noticed deviations from the requirements of the procurement law and rules, and corrected them," Morales said of the mayor.

The order of dismissal from the service carries the accessory penalties of perpetual disqualification from holding public office, forfeiture of retirement benefits, cancellation of civil service eligibility and bar from taking the civil service examination.

In case any of the respondents are no longer in the service, the penalty is convertible to a fine equivalent to respondent’s one year salary. — BM, GMA News