In response to an open letter penned by a group representing Penjan Builders and Supply to President Rodrigo Duterte and the PDP-Laban, accusing the administration of Bacolod City Mayor Evelio Leonardia of “graft and corruption to its highest order,” City Legal Officer, Atty. Joselito Bayatan, said, “They seem to distort the real facts and the true story behind what they are doing.”

In reference to the September 2016 order by Bacolod City for various supplies, valued at P3.774 million, which the complainants claim they have yet to be paid for, the city legal officer prefaced by saying the issue “belonged” to the previous administration of former Bacolod City Mayor Monico Puentevella, and noted, “When [the Leonardia administration] came into office, we made our review of claims from all of the contractors because we were surprised it ran into the hundreds of millions [of pesos] in just a few months’ time.”

He went on to cite RA 9184, or the Government Procurement Reform Act, which notes a pre-bid conference is required before the Bids and Awards Committee (BAC). Bayatan said, after conducting a review, the conference for Penjan Builders and Supply took place on March 11, 2016.

“If you have a pre-bid conference, the law requires you to advertise it seven days before [the date],” he explained. “So, working back seven days before March 11, it should have started on March 3 or earlier than that; sadly, there were no records.”

Bayatan went on to say the evaluation period for contract bidding was reduced due to the high number of bidders, saying it is “humanly impossible” to review 43 bidders in the span of one day. He surmised there were 12 contractors provided with a reduced period.

“One of these [contractors] victimized by the Puentevella administration was Penjan Builders,” Bayatan stated.

The city legal officer noted, bids that did not fulfill the seven-day advertising period, based on Supreme Court precedent, are “null and void,” and because of that, he claimed, the Leonardia administration has no responsibility to pay.

Bayatan added, Penjan Builders and Supply was later awarded a contract during the current Leonardia administration for a separate project back in March of this year. However, with the revelations of the recent open letter, he asked, “What kind of company is this?”

In reference to the other issues laid out in the letter, the city legal officer said many of the cases were dismissed, calling the accusations “broken records.”

He called those bringing the issue forward “disgruntled,” claiming, “They failed to see the truth on why they have not been paid.”

“This is all just to besmirch the name of the Leonardia administration,” Bayatan added.

A group, including journalist Edgar Cadagat and former city contractors Antonio Wong and Perfecto Señeres, earlier penned an open letter requesting an investigation into Bacolod City Mayor Evelio Leonardia and “his gang.”/PLL, WDJ