By Dominique Gabriel G. Bañaga
Ombudsman Conchita Carpio-Morales denied three separate motions for reconsideration (MRs) filed by Bacolod City Mayor Evelio ‘Bing’ Leonardia and nine other city officials in relation to the alleged anomalous purchase of P50 million worth of furniture and fixtures for the Bacolod City Government Center (BCGC).
In a decision signed last month, the MRs were denied on lack of merit, pointing out, the respondents were “direct participants” in the act.
The decision, added, cooperation to the agreement offered a negative result to the Bacolod City government and its taxpayers, along with providing benefits for Comfac Corporation, the furniture suppliers.
Morales noted, Leonardia may be considered a direct participant in the procurement activity, which violates provisions of the Government Procurement Reform Act.
The Ombudsman also ordered the case against Leonardia and the other respondents be filed on violations to Section 3(e) of RA 3019, or the Anti-Graft and Corrupt Practices Act, wherein the trial could be handled before the Sandiganbayan.
In response, the mayor release a statement saying questions in the case are all based on “procedures and technicalities.”
Leonardia then reiterated previous pronouncements, claiming there was no overpricing, all goods were delivered, no bad faith was involved, and there was no conspiracy.
The case against the mayor stemmed from a complaint filed by Francisco Puey in 2008, who alleged the city government gave undue advantage to the contractor, when the Bids and Awards Committee (BAC), headed by Goldwyn Nifras, illegally awarded the project to Comfac Corporation.
In December of last year, the Ombudsman ordered the dismissal of Leonardia and nine other officials after the anti-graft body found probable cause to charge them. According to the Ombudsman, Comfac, a company primarily engaged in information technology systems integration, was ineligible to bid for the contract because it was a distributor not a manufacturer of furniture.
However, Leonardia secured a temporary restraining order (TRO) from the Court of Appeals, while the other respondents were summarily dismissed from their government posts./WDJ