Acting deputy ombudsman for the Visayas, Virginia Palanca Santiago, has approved the recommendation of graft investigation officer Alejandro Borden to dismiss the complaint for lack of evidence.
The complainants are Dr. Ruben Ejercito, Delia Capacio, Jose Calvo, Dionisio Cañete, Fely Samontañez and Demosthenes Germino.
Their first complaint against Mayor Lumain was filed last October 21 when they accused the latter of overpricing the purchase of medicine, in violation of the Anti-Graft and Corrupt Practices Act.
But on August 8 that same year, the anti-graft office dismissed the complaint after the Commission on Audit reported that there was nothing irregular in the transaction.
The COA submitted a special audit report showing that proper procedures were observed in the purchase and that there was no evidence to support the allegations that "grease money" was given to ensure that the supplier, Cebu Pharma, would get the contract.
However, after the dismissal of the case, the complainants filed another complaint last December 8, this time claiming that the same transaction was indeed overpriced because a Las Piñas City-based firm, Jayze Pharma Corporation, had a much lower price than that of Cebu Pharma's.
But such evidence of the complainants, according to the Ombudsman, could not be considered because Jayze Pharma was not a participant in the bidding.
Ombudsman officer Borden contended that the law provides that any participating bidder in any procurement of goods should first be validated by the government agency conducting the bidding. - Fred P. Languido