Agri officials from Davao City face trial for graft

Twelve Department of Agriculture (DA) officials from the Regional Field Unit XI in Davao City are set to face trial after the Office of the Ombudsman found probable cause to charge them with graft over the alleged anomalous procurement of disinfectants in 2012.

Facing trial for violation of Sections 3(e) and 3(g) of RA 3019, or the Anti-Graft and Corrupt Practices Act are Regional Executive Director Constancio Maghanoy Jr., Bids and Awards Committee Chairman Isagani Basco, Vice Chairperson Alma Mahinay, and members Alfredo Cayabyab, Rafael Mercado, Larry Pineda, Herna Palma, Rosalinda Mediano, Melani Provido, Isabelita Buduan, Lelisa Lascuña and Marie Ann Constantino.

According to the Ombudsman, there were procurement irregularities in how the agency acquired 38 drums of disinfectant in 2012.

The Ombudsman said the agency awarded the project to supplier FKA Agri-Chemical Corporation even though it was not the lowest bidder.

Investigators also found that FKA was chosen because of its "freebie," which consists of additional protective gears at no extra charge.

Sanitation Concepts, Inc. (SCI), which placed the lowest bid at P2,647,308, was not picked because it did not offer "freebies" in its bid offer, the Ombudsman said.

Moreover, the Ombudsman said FKA's offer of P3.04 million was still chosen even though findings show that its bid is "much higher and despite being grossly disadvantageous to the recipients of the goods because it is detrimental to people’s health."

Post-evaluation report show that FKA's offer had a 40-percent concentration of benzalkonium chloride (BC), compared to SCI's 5 percent.

“Had the BAC conducted due diligence and further research on the effects of increased solution of BC to health, it would have known that BC is effective at exceptionally low concentration," the Ombudsman said.

Section 3(e) of RA 3019 provides that public officials are prohibited to cause any undue injury to any party, including the Government, or give any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.

On the other hand, Section 3(g) disallows public officials from entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. —KBK, GMA News