Ombudsman starts public hearings on MegaPacific deal

The Office of the Ombudsman will begin holding public hearings today on the botched P1.3-billion poll automation contract between the Commission on Elections (Comelec) and MegaPacific consortium.

Today’s hearing will start at 10 a.m. and will be held at the CCB conference room of the Office of the Ombudsman in Diliman, Quezon City.

According to a ranking official of the Office of the Ombudsman, the public hearing is part of their continuing probe to dig deeper into the controversial project while keeping the proceedings "transparent" to the public.

"We will continue probing this case until we get all the answers," the official said.

The answers would have to come within 45 days — a non-extendible period set by the Supreme Court yesterday.

The SC ordered Ombudsman Merceditas Gutierrez to complete its preliminary investigation within that time frame and determine whether there is probable cause to charge with graft several Comelec officials and private individuals involved in the deal.

The five-page resolution granted Gutierrez’s request to extend the June 30 deadline the high court set earlier.

The Ombudsman on June 30 recommended to Congress the impeachment of Comelec Commissioner Resurreccion Borra and several other officials for alleged anomalies in the awarding of the contract to MegaPacific.

The anti-graft body found that Borra, who headed Phase 2 of the poll automation project, failed to prevent anomalies in the awarding of the P1.3-billion contract to MegaPacific eSolutions Inc. (MPEI) for the purchase of nearly 200 ballot counting machines in 2003.

The machines were supposed to be used for the May 2004 general elections.

"On this point, it is not amiss to state that as head of a multi-billion project, respondent Borra, was duty-bound to study BAC’s (the Comelec’s bids and awards committee) recommendation and not simply accept the same, hook, line and sinker. He was tasked to ensure that no irregularity or illegality attended the bidding and award," the Office of the Ombudsman said in its 34-page resolution.

According to an official from the government body, Borra has filed a motion for the Ombudsman to reconsider its recommendation.

In its resolution, the Ombudsman also ordered the dismissal of Eduardo Mejos, Comelec bids and awards committee (BAC) chairman; and BAC members Jose Balbuena Jr., Lamberto Llamas, Bartolome Sinocruz, and Gideon de Guzman after they were found guilty of committing grave misconduct and conduct prejudicial to the best interest of the service.

Graft charges were also filed by the Ombudsman against private respondents Willy Yu, Bonnie Yu, Enrique Tansipek, Rosita Tansipek, Pedro Tan, Johnson Fong, Bernard Fong and Lauriano Barrios, all of MPEI.

The Office of the Ombudsman, meanwhile, cleared Comelec officials Jaime Paz, and Zita Buena-Castillon and Department of Science and Technology officials Jose Tolentino and Rolando Viloria for lack of evidence.

In issuing the resolution, the Office of the Ombudsman recommended the conduct of further investigation against other individuals who may have been involved in the transaction.

Meanwhile, Comelec Chairman Benjamin Abalos maintained yesterday that there was nothing irregular in the automation contract.

Abalos said if it were up to him, he wants the case resolved before the conduct of the 2007 elections.

"Who would want to have a case hanging over his head? Especially with the coming 2007 elections," he said in a phone interview.

The poll chair said that in a way the speedy resolution of this case, or the conclusion of the investigation for that matter, would help clear the air of doubts on the project.

Despite the controversies, Abalos refused to resign. 

He refused to "dignify" calls made by opposition Sen. Aquilino Pimentel that he should quit to pave the way for clean and credible elections in 2007.

"It (Pimentel’s call) is irresponsible and baseless," he said, adding that it was probably only the senator’s clamor, not the people’s, for him to step down.

Abalos said the fact that Pimentel was elected fairly and squarely during the May 2004 elections despite being in the opposition should not give him any reason to say that there was cheating in the last polls. — Mike Frialde, Jose Rodel Clapano, James Mananghaya