MANILA – The Office of the Ombudsman said it has dismissed Professional Regulation Commission (PRC) Chairwoman Teresita Manzala and Commissioner Alfredo Po for failing to follow procurement rules as required by Republic Act No. 9184 (Government Procurement Reform Act). They are facing charges of Grave Misconduct, Serious Dishonesty, and Conduct Prejudicial to the Best Interest of the Service.
It said in addition, charges for violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) was also filed against Manzala, Po, and Cesar Sanqui Jr. and Mary Grace Villacorta, president and first vice president, respectively, of New San Jose Builders, Inc. (NSJBI)
Aside from being dismissed from service, Manzala and Po were also meted out the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from holding office.
Investigation shows that in the first quarter of 2012, the PRC discussed plans to relocate its Executive Offices from Manila to Quezon City pending completion of the construction of the PRC Building in Pasay City.
PRC Resolution No. 2012-700 dated November 20, 2012 authorized the Budget Division to allocate P12,200,000 as basic yearly rental inclusive of value added tax and common area maintenance/operating costs. In addition, P13,954,992 was allocated for the installation of office furniture and fixtures. The Bids and Awards Committee was also directed to proceed with the procurement for the project.
Only NSJBI attended the November 27, 2012 pre-bid conference and on December 3, 2012, its bid was considered as the Lowest Calculated Bid, being the lone bidder for the project. During post qualification, the BAC found discrepancies in the bidding documents submitted by the bidder.
Earlier, however, Manzala sent a Letter of Intent (LOI) addressed to NSJBI Sanqui and Villacorta regarding the three-year lease of office space in Victoria Towers Commercial Center at Timog Avenue in Quezon City. In reply, Villacorta formalized its acceptance of the LOI in a letter dated May 16, 2012.
Upon inspection by the Field Investigation Office in November and December 2012, it was determined that the area was already reserved for the PRC with the transfer scheduled in January 2013. The Office of the Ombudsman ruled that “the bidding process was rigged and simulated,” and “undertaken only to make it appear that the transaction with NSJBI is valid and legal as the lease agreement was already perfected even before the bidding was held.”
In finding probable cause, Ombudsman Conchita Morales ruled that “the pieces of evidence clearly show that respondent Po was at the helm of the scheme to manipulate the procurement process and gave undue favor and preference to NSJBI,” adding that “this is not without the knowledge and consent of respondent Manzala who willingly allowed respondent Po to orchestrate his fraudulent acts.”
Morales further stated that “the presence of these irregularities already existing prior to the issuance of the LOI should have been easily detected by respondent Manzala had she not turned a blind eye on the red flags covering the said transaction.”
In so far as the administrative case is concerned, the Office of the Ombudsman ruled that the PRC BAC should be held liable for Simple Neglect of Duty for failing to notice the patent flaws in the bidding process.
Suspended for six months without pay are BAC officials and members – Sarah Edna Tabije, Gina Consignado, Nilo Martin, Emma Francisco, Aurora Mendoza and Lord Louis Valera.
It will be recalled that in May 2013, the Ombudsman found Po liable for Grave Misconduct and violation of Section 7(d) of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), and imposed upon him the penalty of dismissal from the service, in connection with the entrapment operation where he was caught receiving bribe money from the owner of the building leased by the PRC in Baguio City.
Additionally, in December 2012, the Office of the Ombudsman filed with the Sandiganbayan four separate charges indicting Po for direct bribery; violation of Section 3(b) of R.A. No. 3019; solicitation or acceptance of gifts under Section 7(d) of Republic Act No. 6713; and simple robbery.
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