Bureau of Corrections head, 6 others face graft raps

MANILA, Philippines - An inter-agency fact-finding panel found probable cause to file criminal and administrative charges against Bureau of Corrections chief Gaudencio Pangilinan and six other BuCor officials over an allegedly anomalous renovation project at the New Bilibid Prison (NBP).

In an April 9 report obtained by The STAR, the panel recommended that Pangilinan and the other officials be held responsible for violating the government procurement and anti-graft laws for the P1.4-million renovation of the NBP administration building, which was done without a proper public bidding.  

During an ocular inspection of the NBP, the panel said the “most striking” were the air-conditioned male and female restrooms at the ground floor of the NBP administration building, which have “amenities comparable to five-star hotels.”

The panel said the restrooms in the DOJ building and in Malacañang Palace “pale in comparison” to the two NBP restrooms, whose renovation was pegged at P809,876.

The restrooms’ renovation is just one of the 193 projects – which reached P58.7 million, all done through the small value procurement method – implemented by Pangilinan since President Aquino appointed him as BuCor chief in July 2011.

“There is a great disconnect in the way of life between people separated by the NBP metal gates. On the one side, BuCor people have air-conditioned comfort rooms while on the other, an inmate is living on a P 50 per day meal allowance,” the panel said.

The panel is chaired by Muntinlupa city prosecutor Edward Togonon, with DOJ state prosecutor Berlin Berba as vice chairman and National Bureau of Investigation anti-graft chief Rachel Angeles as member.

Skirting the law

The three-man panel formed by Justice Leila de Lima also recommended that Venancio Santidad as consultant and chief of staff; Alfredo Benitez, as chairman of the bids and awards committee; Dr. Ernesto Tamayo as BAC vice-chairman; and BAC members Elsa Alabado, Celso Bravo and Nora Corazon Palermos be subjected to preliminary investigation.

They are being charged for violating Republic Act 9184 or the Government Procurement Reform Act based on a complaint filed by Kabungsuan Makilala, a former prison guard assigned at the NBP.

Makilala, a former member of the BAC, had also called the attention of some senators in his exposé of the alleged irregularities in the prison facility early this year. Pangilinan ordered his transfer to the Davao Penal Colony effective Jan. 1 prior to his exposes.

The panel said Pangilinan and the BAC members skirted the rules on public bidding when he “chop-chopped” the renovation project into four contracts that fall below P500,000. Any deal above this figure requires public bidding. 

Dotgain Solutions Inc. was awarded the contracts for the female restroom and the Gate 1 dome canopy at the administration building while Grand Potential Inc. snagged the deal for the repair of the male restroom and the flooring at the assistant director’s office.

Four purchase orders were made on the same date in January for P375,000; P474,500; P434,876 and P133,000.

In his counter-affidavit, Pangilinan said the complaint was meant to destroy his reputation and to discredit his fight against corruption and malpractices inside the bureau prior to his appointment. The DOJ panel thinks otherwise.

The panel also recommended that Pangilinan and the other officials be charged with grave misconduct, serious dishonesty, gross insubordination, and conduct prejudicial to the best interest of the service under the Revised Rules on Administrative Cases in the Civil Service.

Small deals

Citing the data secured from the Department of Budget of Management, the panel described as “quite glaring” that the BuCor completed a total of 193 projects worth P 58.7 million through the small value procurement method since Pangilinan assumed office in July 2011 until March 19 this year.

“These procurements were done without competitive public bidding and without any approval from the Secretary of Justice,” the panel said. 

The panel said the moves of Pangilinan – a former military general – to appoint retired general Romeo Fajardo as assistant director for prisons and security; Col. Alfred Limoso to the Leyte Regional Prision; and Teodora Diaz as assistant director for administration and rehabilitation are illegal since they did not get the approval of the justice secretary.