Graft court convicts ex-Lapu-Lapu mayor, 12 others over P83-million lamp post project

The Sandiganbayan has found 12 former public officials of the Department of Public Works and Highways Region 7 (DPWH-7) and Lapu-Lapu City in Cebu as well as a private citizen guilty of graft over the allegedly bogus purchase of P83 million worth of lamp post for the Philippines’ hosting of the 2007 ASEAN Summit.

In a 174-page decision dated December 2, the anti-graft court handed out a six to 10-year jail time each to DPWH-7 officials Robert Lala, Marlina Alvizo, Pureza Fernandez, Agustinito Hermoso, Luis Galang, Cresencio Bagolor.

The same penalty was meted out to Cebu City officials led by then mayor Arturo Radaza, Julito Cuizon, Rogelio Veloso, Ayaon Manggis, Marilyn Ojeda and Teresa Bernido and contractor Isabelo Braza of FABMIK construction.

The court also penalized the respondents for performing, rendering, preparing, reviewing, approving and executing, in accordance with their supposed roles attached to their expected positions, “the  necessary acts, decisions, and instruments to make it appear that there was a valid negotiated procurement” when there is not.

“In truth and in fact, the subject project had already been secured by Braza from the very beginning. The accused insist that their acts were done in the interest of completing the project on time despite time constraints, but the evidence indicates that the time constraint was a ruse to give the purported negotiated procurement a semblance or legality,” the Sandiganbayan said.

“The prosecution was able to establish the presence of collusion between and among the accused in making it appear that the preparation for, the procurement, and the award  P83.9 million contract to FABMIK was regular, proper and legal through a bogus negotiated procurement done with manifest partiality in favor of Braza and evident bad faith to the detriment of the public,” the court added.

The court cited that based on the August 25, 2006 letter addressed to Braza by a supplier identified as Director Samuel Guerville of International Sales Asia Pacific, the contractor knew of the lamp post project for at least six months already even if the Notice to Bidders were only issued in November 10 to 17, 2006.

Braza insisted their bid for the project was "reasonable and based on prevailing market prices."  He also said the government "did not disbrse a single centavo for the project."

"As such, how can FABMIK obtain undue and unwarranted benefit," the contractor added in his defense, which was part of the court decision," the contractor added.

Radaza, Cuizon and Veloso defended their actions by saying they have no prior knowledge of the project and repeatedly put the blame on time constraints, but the court junked such reasoning since the public officials waited for Mandaue City lamp posts to be finished before starting the same project in Lapu-Lapu.

The court, however, rejected such defense.

“It is quite interesting to note that the Plans and Specifications, Approved Budget  for  the  Contract, Notice  to Bidders, Dropping and Opening of Bids, and the Contract are all undated, and the MOU (Memorandum of Understanding) incorrectly dated,” the court said.

“There is more than sufficient evidence to support a finding that an unwarranted benefit was extended to Braza, not just for excessive pricing, but the entire project as a whole, having awarded to him without the benefit of a legitimate  procurement," it added.

"Their  bare allegations, illogical claims, arguments contradicted by the very evidence that they presented, all convince this court  that the subject Procurement and the Project as a whole were rigged from the very beginning, and herein accused are the players thereat,” the court also said.—LDF, GMA Integrated  News