Former
health secretary Enrique Ona and two others were indicted by the Ombudsman for
graft over the allegedly anomalous procurement of the P392.2-million
modernization program of the Region 1 Medical Center (R1MC).
In a
statement on Monday, Ombudsman Conchita Carpio-Morales found probable cause to
charge Ona, former undersecretary Teodoro Herbosa and former assistant
secretary Nicolas Lutero III with graft or violation of Section 3(e) of the
Anti-Graft and Corrupt Practices Act or Republic Act 3019.
They
were also found guilty of the administrative offense of grave misconduct and
were thus dismissed from service, perpetually disqualified from public office
and forfeited their retirement benefits.
In case of separation from the service, the penalty is convertible to a fine
equivalent to respondents’ one-year salary.
The
Ombudsman said Ona and the others gave undue advantage to Specified Contractors
& Development Inc. (SCDI) which lost the bidding for the modernization of
R1MC.
According
to the Ombudsman’s investigation, SCDI was post-disqualified for failure to
comply with the agency’s detailed estimate requirements in the bidding for the
P392.2-million R1MC modernization program implemented by the Department of Health
in 2012.
This
compelled the SCDI as the second lowest bidder to file a motion for
reconsideration that was denied by the Special Bids and Awards Committee
(SBAC).
The
third lowest bidder Northern Builders Inc. was awarded the contract in Aug.
2013. SCDI did not file a protest then as provided for under the Government
Procurement Reform Act or Republic Act 9184.
However,
that month, SCDI instead filed a letter of complaint before the Office of the
President alleging anomalies in the procurement.
Ona thus
requested Lutero to conduct a fact-finding investigation.
In
Sept. 2013, Ona instructed R1MC chief Dr. Joseph Rolando Mejia to give an
update on the project.
In a
letter dated Sept. 16, 2013, then undersecretary Herbosa wrote to Mejia for him
to nullify or set aside the issuance of the Notice of Award to winning bidder
Northern Builders and continue with the post-qualification of SCDI.
On
Sept. 30, Ona issued a Cease and Desist Order to Mejia pending investigation of
the SCDI complaint.
Three
months later, the health department held a rebidding of the project.
In her
resolution, Morales said the decision by the bids and awards committee to award
the contract to Northern Builders should have become final and executory when
SCDI failed to file a protest or appeal.
Thus,
Ona could no longer intervene and issue a cease and desist order, Morales said.
“While
Ona had the power to investigate any infractions or violations committed by its
employees including the members of the SBAC, this does not mean that he could
simply invalidate and declare null and void the proceedings and decisions made
by the SBAC without observing the provisions of R.A. No. 9184,” Morales said.
Morales
said her office was convinced that Ona, Lutero and Herbosa conspired to give
unwarranted benefit to SCDI in the bidding for the R1MC project.
The
respondents are given a chance to file their motions for reconsideration which
if denied by the Ombudsman would signal the official filing of charges against
them before the Sandiganbayan. RAM/rga
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