Palawan gov Alvarez appeals Ombudsman indictment

Palawan Governor Jose Alvarez has appealed his indictment of graft at the Office of the Ombudsman in connection with the allegedly anomalous water supply contract he entered into with officials of the Cagayan de Oro City Water District (COWD) in 2005.

In a 13-page motion for reconsideration, Alvarez moved for the Ombudsman to dismiss his charge for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act since there was no proof that he acted in conspiracy with his co-accused for the contract to push through.

"No specific acts or any detail whatsoever were provided as to how herein respondent 'conspired with public respondents by inducing or causing the BOD to rule on the eligibility of RVW Consortium even before the BAC had the opportunity to rule on the issues' and no evidence of whatever kind was cited to support such a sweeping conclusion," Alvarez said.

The Ombudsman had accused Alvarez, then a representative of Rio Verde Water Consortium Inc. (RVWCI), of conspiring with COWD board chairman Raymundo Java, vice chairman Sandy Bass Sr., general manager Gaspar Gonzales Jr., and other COWD board members.

Graft investigators found that COWD awarded a Bulk Water Supply Project (BSWP) to RVWCI for the supply of treated bulk water to the city on December 23, 2004.

Procurement documents also recovered by the Ombudsman showed that the COWD board already gave the project to RVWCI even before the opening of bids on November 18 and despite the consortium's failure to submit eligibility requirements.

The Ombudsman said in its resolution that the contract for the project was prepared solely in favor of RVWCI with no opportunity for the signatories to review its provisions.

However, Alvarez said he was unaware of the irregularities in the qualification of RVWCI, saying it was "a complete surprise" when he received an audit report on the consortium's disqualification from the project six years after the bidding, when the project was already fully operational.

Alvarez said there was no evidence that he received a notification about the alleged disqualification of RVWCI as a bidder prior to the audit report.

"There was absolutely nothing that could have forewarned herein respondent or, at least, created any doubt in his mind that something was amiss, inappropriate, or not quite right in the holding of the public bidding for the BWSP by COWD and its subsequent award to the RVW Consortium," Alvarez said.

"Respondent had all the reasons to believe, as anyone under the same circumstances would have been made to believe, that COWD undertook the bidding and the awarding process of the BWSP regularly and there was no reason for herein respondent, or for anyone else under the same situation, to have cast doubt on COWD’s representations," he added. — RSJ, GMA News