Ombudsman junks plunder, graft charges vs 'Bistek'

MANILA, Philippines - The Office of the Ombudsman has junked a P106.2-million plunder and graft charges filed against Quezon City Mayor Herbert “Bistek” Bautista almost two years ago.

The anti-graft agency also dismissed the administrative cases lodged against the local chief executive and former administrative officer Ligaya Montallana arising from questioned food purchases for residents of a nursing home for drug dependents and for public service projects in 2009.

The cases against Bautista, who was then a vice mayor running for mayor, was filed by one Nicanor Royo Salamea Jr. of Payatas, Quezon City a month before the May 2010 local elections.

But after conducting an investigation, the Office of the Ombudsman dismissed the complaints for “lack of probable cause” while declaring that the food purchases were all made in accordance with the law.

“There is no allegation or evidence to prove that the respondents amassed, accumulated or acquired ill-gotten wealth from the government coffers,” graft investigation and prosecution officer Lolita Simeona Micu-Bravo said in her 20-page resolution.

“Under the circumstance, no party, including the Quezon City government was prejudiced. And no party was given any unwarranted benefit, advantage, or preference. There was likewise no bad faith or inexcusable negligence on the part of the respondents,” a portion of the ruling read.

Micu-Bravo said the “purchases were fair and reasonable. Actual canvass was made. The Quezon City government entered into contracts with food caterers who submitted the lowest quotations. Consequently, the contracts were not grossly disadvantageous to the government.”

Records show that the negotiated contracts entered into by Bautista for the Quezon City Drug Treatment and Rehabilitation Center, also known as the Tahanan, were all made pursuant to a city council resolution passed in November 2008.

The Office of the Ombudsman said there were no irregularities in the transactions between the respondents and Lucky Mama Food and General Merchandise, 2 Star Catering Services, Edluz Catering Services, and Atcho Catering Services, Smart Foodhouse Catering Services, Uniblend Catering, FMJ Fud Hauz and Catering, and Jay-Vee Emm Foodhouse and Catering Services.

The anti-graft agency said Montallana even sent requests for quotations, determined the lowest bid, and made an abstract of quotation of proposal bids and awards before sending a purchase request to then city administrator Paquito Ochoa for approval.

Micu-Bravo said Bautista and Montallana also did not violate the Government Procurement Reform Act by simply entering into negotiated contracts.

“Evidently, negotiated procurement is allowed not only during a state of calamity but also when time is of the essence arising from other causes where immediate action is necessary to prevent damage to or loss of life” as in the case of the 2009 food purchases.

“Also, there is nothing in the Commission on Audit report which shows any irregularities in the Tahanan Food Contracts and the public service projects food contracts. The findings of COA, in the absence of any grave abuse of discretion on its part, must be accorded respect,” the Office of the Ombudsman said.