Nerwin scores NEA head for issuing statement

Nerwin Industries Corp. scored yesterday National Electrification Administration (NEA) acting Administrator Francisco Silva for violating the principle of sub judici by arguing in a public forum a case still pending in court.

In a press statement, Nerwin said it was highly improper for Silva "to make any statement either favorable or unfavorable to his camp simply because the subject controversy is already filed in court."

Nerwin pointed out that the Manila Regional Trial Court Branch 36 issued on Nov. 5 a preliminary prohibitory and mandatory injunction against the award of the contract for NEA project dubbed IPB-80 to the highest bidder.

The project involved the acquisition of wood poles and cross arms needed for the agency’s rural electrification project.

Nerwin also belied Silva’s allegation that it was disqualified by the NEA pre-qualification and bidding awards committee (PBAC), enabling the NEA board to give the contract to the highest bidder.

"The truth is Nerwin was given 100-percent recommendation for the award endorsed to DOE (Department of Energy) Secretary Mario Tiaoqui, who wanted the award to be 50 percent only instead of 100 percent," Nerwin pointed out.

The company also cited an opinion by the Office of the Government Corp. Counsel upholding the validity of the PBAC recommendation to award the IPB-80 contract to Nerwin.

On the issue of an NEA resident Ombudsman interfering in the IPB controversy, Nerwin asserted that the ruling was "not legally tenable as she is supposed to check graft and corruption, not to usurp the duty of the PBAC."

Nerwin officials added that the resident Ombudsman should have asked the lowest bidder to comment on allegations considering the savings of P247 million which is advantageous to the government if the contract is ultimately granted to their company.

"Since Administrator Silva himself admitted that he assumed office only after the PBAC had made its recommendation, he is incompetent to testify on matters that transpired before he assumed office," the statement added.