Whistleblower asks Council, NBI to probe Labella's leaves, P248 million traffic light system

CEBU, Philippines —  A self-proclaimed anti-graft crusader wants the Cebu City Council to investigate Mayor Edgardo Labella’s frequent sick leaves, as well as his administration’s bidding for a P248 million traffic light and CCTV project’s second phase.

Crisologo Saavedra, the whistleblower in the graft cases involving the overpriced 2007 ASEAN lampposts and the Capitol’s purchase of the controversial Balili property in Naga City, also addressed his complaint letter to National Bureau of Investigation-7 director Atty. Renan Oliva.

He urged the council to gather evidence to help NBI-7 file criminal and administrative cases with the Ombudsman or the Department of Justice.

Saavedra, a resident of Tisa Hills, Cebu City, questioned why Labella habitually filed sick leaves without due justification despite the fact that he was sworn to serve the constituents of Cebu City.

He also questioned why Labella “turned over and transferred his full authority to City Administrator Atty. Floro Casas Jr.” who “was not elected by Cebuanos to run the affairs” of the city.

This, he added, constituted betrayal of the trust given to him by the Cebuanos.

Saavedra is asking the City Council to summon Labella’s doctor to present his medical report under oath before the council to know if he is still “fit to continue as the legitimate mayor.”

Anomalous bidding?

In relation to the bidding for the traffic light and CCTV project, he also wants the following persons investigated: Casas, Bid and Awards Committee head Atty. Rey Gealon, and members Joel Reston, Lowell Corminal, Atty. Santiago Ortiz Jr., Emmanuel Cuizon, Jonil Matuguina, and Atty. Juniel Aragones.

“BAC should submit to the City Council the full documents of the bidding that will justify the awarding of Phase I of the Cebu City traffic light and CCTV project to the contractor, documents that will support the collection, documents to justify on the request for two contract extensions and percentage completion of the project as of the present and the documents submitted to the BAC on the opening of the bids last August 3,2021, by the same contractor. This is in connection to the allegation of anomaly and irregularity that the concerned contract is supposed to be disqualified to continue the Phase I due to slippage of more than 15% collection of mobilization without guarantee as required by law and to be qualified to bid for Phase II,” the complaint read.

Saavedra went on to say that the BAC had not complied with the R.A. 9184 bidding requirements.

He said he has strong evidence to show that BAC and Casas are in conspiracy with each other, a violation of R.A. 9184, R.A. 3019, Sec. 3(e) and (g), R.A. 6713 and 10667, and bid rigging when the BAC conducted the bidding for the Phase II last August 3, 2021.

“The bidding conducted by the BAC of Cebu City last August 3, 2021, participated by a lone contractor who was awarded and undertaking the contract of Phase I whose bidding documents was opened by the BAC, is alleged rigged bidding to favor a favored and selected contractor in violation of the law because the time to submit the bidding documents was only (12) seven day from the pre-bid conference July 22, 2021 an act to restrict, suppresses nullifies or tend to restrict, suppress or nullify competition. This is a modus to disqualify and discourage other contractor to participate the bidding and give the favored contractor the advantage to the win the bidding in violation of the purpose of the RA 9184,” the complaint read.

Casas: We’re not scared

Sought for comment, Casas told The FREEMAN that his camp has yet to receive the complaint, but he added that he respects Saavedra’s right to file the complaint.

“Wala pa man mi nakadawat og copy sa complaint. But in general, while we respect his right to file whatever case he wants. We are not afraid kay we always strictly follow R.A. 9185 in all our procurements,” said Casas.

Gealon, who was then chairman of the BAC, said “all BAC proceedings are compliant with existing rules and regulations, all the more with the provisions of R.A. 9184.”

Gealon also welcomed any investigation saying it would grant them the opportunity to exhaustively enlighten the public of the proceedings conducted relative thereto.

Politically motivated?

He, however, questioned Saavedra’s motives saying he saw messages from the latter to the Office of the Secretariat “imbued with political color.”

Gealon shared screenshot of messages allegedly from Saavedra saying “the BOPK is coming in full force behind me. They have the documents already and they’re backing me up.”

To this end, The FREEMAN has yet to receive a comment from BOPK led by former mayor Tomas Osmeña as of this writing.

Gealon also disclosed that Saavedra, who is said to be a consultant of a company called Net Pacific Inc., requested for an emergency postponement of dropping of bids for the Phase II of the traffic light and CCTV project, but was denied.

“He sought for postponement which was denied unanimously through a Resolution (Committee Resolution 2021-10) by BAC Infra members as he has no legal standing to postpone the proceedings not being a bidder himself. Besides, any postponement for that matter is violative of the procurement law,” said Gealon.

Gealon shared that with regard to the Cebu City traffic light and CCTV project’s second phase, “there is no such determination made by the mayor, acting mayor or city administrator.”

“Hence, the minimum period of 12 calendar days applies for the Cebu City traffic light and CCTV project phase 2 and not the 30 calendar days as insisted by Mr. Saavedra. His own interpretation of the second sentence of Section 22.2 is far from the bare meaning therefore.”

Gealon said he is ready to counter Saavedra’s complaint. The contract for the second phase has not yet been awarded to the winning bidder.

Signed by Casas

The FREEMAN retrieved the BID awards result which showed that the Notice of Award was already signed by Casas by the authority of Mayor Labella as stamped last September 1. Incidentally, this was also the same time when Gealon also submitted his irrevocable resignation as BAC chairman on infrastructure.

The Notice of Award was addressed to Trinune Cylix Joint Venture, the same winning bidder in phase 1. The phase 2’s contract price is P248,326,538.63.  — Mary Ruth R. Malinao, JMD (FREEMAN)