Lapus, 6 others face graft probe on noodle scam

MANILA, Philippines - Former education secretary Jesli Lapus and six other officials will undergo preliminary investigation before the Office of the Ombudsman to determine probable cause to charge them with graft in the Sandiganbayan.

Lapus and former Bids and Awards Committee (BAC) chairman Teodosio Sangil Jr., former vice chairman Demetria Manuel, BAC members Nanette Mamoransing, Macur Marohombsar and Artemio Capellan Jr.; and officer-in-charge Ramon Bacani are accused of involvement in the allegedly anomalous purchase of instant noodles for public school students in 2007 and 2008.

Five officials of noodles manufacturer Jeverps Manufacturing Corp. were also named respondents.

Lapus and the other respondents are being investigated for alleged violation of the Anti-Graft and Corrupt Practices Act, the Government Procurement Reform Act, and Rule III, Section I of the Consumers Act of the Philippines.

The noodles procured were described as “Fortified Instant Noodles with Fresh Eggs” but in the approved annual procurement plans, the items to be procured were specifically “Noodles and Eggs” which means two separate items.

However, the technical specifications did not specify how and in what form the eggs would be mixed in the noodles and the ingredients in the production of the noodles.

The contract for the 2007 procurement of the 16,495,718 pieces of 100-gram pack noodles of “Fortified Instant Noodles with Fresh Eggs” amounting to P283,626,515.66 under the “Food For School Program” was awarded to Jeverps.

In 2008, DepEd, through a repeat order, awarded again the contract for the procurement of 3,837,600 pieces of the same pack of noodles amounting to P66,620,736 to Jeverps under its “Low Performing Schools Breakfast Feeding Program.”

Investigation of the anti-graft agency showed that Jeverps’ license to operate issued on May 21, 1996 was suspended by the Bureau of Food and Drugs on Jan. 24, 2007 for violation of Republic Act 8976, the Food Fortification Law.

Jeverps was also found to have violated Administrative Order 153, Series 2004, the Revised Guidelines on Current Good Manufacturing Practices on Feb. 28, 2007.

Investigators found that DepEd did not submit noodle samples to the BFAD for testing and analysis.

During the bidding, DepEd considered the samples submitted by Jeverps to Societe Generale de Surveillance (SGS), the same private laboratory which earlier tested the samples.

The SGS results of analysis did not show the presence of eggs in whatever form in the noodles.

Despite the findings, the words “Fortified Instant Noodles With Fresh Eggs” with a picture of an egg, were prominently printed on the noodle packaging.