CEBU, Philippines — The barangay captain of Apas, Cebu City and three of its council members were slapped with a two-month suspension for allegedly favoring a specific distributor when they purchased garbage trucks for the community.
The Cebu City Council, through the recommendation of the Committee of Three (South), has found Barangay Captain Virgil Cabigon, council members Allan F. Ybañez, Elizabeth G. Maña, and Rebecca C. Flordeliz guilty of simple misconduct for violating the provisions of Section 18 of R.A. No. 9184 or the Government Procurement Reform Act and Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act.
The same committee, however, cleared them of grave misconduct for lack of clear intent to flagrantly violate and disregard the established rules of actions as prescribed by law.
The City Council approved the committee recommendation during the plenary session last Wednesday, July 7.
Mayor Michael Rama, however, still has to decide the date of the suspension.
Instead of a three-month suspension, Councilor Philip Zafra, who was the committee chairperson, has downgraded the penalty to two months.
The case arose from the complaint that Matthan Jechoniah D. Serana, a resident of the barangay and who is alleged to be allied with former Apas barangay captain Ramil Ayuman, had filed.
Ayuman is one of Rama’s special assistants.
He alleged that respondents procured one garbage compactor and one forward dump truck from Nadir Ichi Corporation for P1.5 million each.
Serana said the units’ brand name, engine number and chassis number of the subject garbage trucks were specifically stated and posted in the Philippine Government Electronic Procurement System (PhilGEPS).
Good Faith
In their defense, the respondents had admitted they made the Purchase Requests with the same brand and name, engine and chassis number provided by winning bidder Nadir Ichi during the canvass.
The filled out Purchase Requests were submitted to Engineer Mark Anthony Ybañez for posting at the PhilGEPS website.
Respondents claimed good faith and that no undue injury or prejudice was caused as the barangay indeed received the two garbage trucks, instead of one, for the same budget.
After evaluating the facts and evidence, the committee finds respondents liable for simple misconduct instead of grave misconduct.
“Simple Misconduct is a transgression of some established and definite rule of action more particularly, unlawful behavior or gross negligence by a public officer,” read a portion of the Committee Report.
“The committee finds through careful evaluation that the actions of the respondents violated Sec. 18 of R.A. 9184 or Reference to Brand Names which states “Specification for the Procurement of Goods shall be based on relevant characteristics and/or performance requirements. Reference to brand names shall not be allowed,” the report read.
The committee report also stated that they did not find sufficient proof/s to establish substantial evidence sufficient to render a guilty verdict of Grave Misconduct in connection to violation of Sec. 3(e) R.A. 3019 towards the respondents.
The committee, in the same report, had cleared the other respondents – barangay council members Jan Nichol Versoza and Clemente Rosales, and SK Chairperson Kenneth Vercide, due to lack of substantial evidence.
The barangay secretary Eddie Villa Jr., treasurer Edison Obenieta, and members of the barangay Technical Working Group (TWG) of Bids and Awards Committee were also acquitted in the administrative case.
Once the suspension will be executed by the mayor, councilman Rosales, who is also Apas’ former barangay captain, will be the Officer-in-Charge of the barangay. – Kristin de Dios, CNU Intern, GAN (FREEMAN)