Daily Star logoTop Stories
Bacolod City, Philippines Tuesday, July 12, 2011
Front Page
Negros Oriental
Star Business
Opinion
Sports
Police Beat
Star Life
People & Events
Eguide
Events
Schedules
Obituaries
Congratulations
Classified Ads
Raps vs. 7 at
DPWH dismissed

BY GUILLERMO TEJIDA III

The Office of the Ombudsman for the Visayas has dismissed the administrative complaint for misconduct and/or abuse of authority against seven respondents, all of the 2nd Engineering District, Department of Public Works and Highways, in Binalbagan, Negros Occidental, for lack of substantial evidence.

The complaint was filed by Bernabe Gilbor, president of the Negros Occidental Group of Contractors Inc., against Randolfo Melosantos, Juan Alfonso Jorbina Sr., Antonio de Dios, Rebecca Espia, Antonio Parcon, Edgar Canastillo, and Lea Delfinado, a copy of the Ombudsman decision furnished the DAILY STAR yesterday showed.

Except for Delfinado, respondents are members of the Bid and Awards Committee of the engineering district.

Gilbor alleged, among others, that respondents should be held administratively liable because the Invitation to Apply for Eligibility and Bid for the supply of materials for six DPWH projects under the engineering district, were not posted in the Philippine Government Electronic Procurement System or PHILGEPS, the official website mandated by Republic Act 9184, or the Government Procurement Act.

This non-posting violated certain provisions of the implementing rules and regulations of RA 9184, and that, there was also no posting of the IAEB in the procuring agency’s website or the website of its service provider, he said.

Gilbor asserted that the projects were irregularly and illegally awarded to a certain Wilson Ong, and further claimed that respondents should be held liable for violation of RA 3019, or the Anti-Graft and Corrupt Practices Act.

The Ombudsman ruled that respondents’ omission to post the IAEB on the PHILGEPS website cannot be considered a criminal offense under RA 9184. It does not likewise appear that the failure of posting in the PHILGEPS website amounted to a violation of RA 3019, the decision added.

“There is utter dearth of evidence to even begin to speculate that respondents persuaded, induced or influenced each other not to post the IAEB in the PHILGEPS website. Indeed, it seriously strains credulity to consider respondents’ omission to have the product of persuasion, inducement or influence impressed upon respondents,” the decision further said.

Respondents also did not cause undue injury or actual damage, according to the Ombudsman, because nothing in the records could even suggest that respondents acted with manifest partiality, evident bad faith, or gross inexcusable negligence.

Neither can their complained acts be deemed constitutive of undue injury to the complainant, to the government or any private party, nor to have given any party any unwarranted benefit, advantage, or preference, the decision added.

In the absence of positively damning evidence, the presumption of innocence cannot be overthrown, the Ombudsman said.*GCT

back to top

Front Page | Opinion | Negros Oriental | Business | Sports
Star Life | People & Events| Archives | Advertise
Top Stories
Button5 quakes hit Negros, PHIVOLCS watch up
Button75-year-old rapist gets 15 years
ButtonSincere set to file charges
ButtonGuv says SM, Ayala bids fail,to go for negotiated process
ButtonBoycott on Coke still on, Sugar Watch, Confed say
ButtonCops hold rob-slay suspect
ButtonTwo drivers stabbed dead
ButtonMining firm denies toxic waste
ButtonRaps vs. 7 at DPWH dismissed
ButtonStation 10 gets Kalabasa Award
ButtonSanggunian okays increased penalty for smoking in public utility vehicles
Button37 city ballot boxes up for transfer today
ButtonGuv welcomes appeals court jai alai ruling
ButtonHealth researchers to get P200,000 in study grants