The Office of the Ombudsman in the Visayas dismissed the criminal complaint filed by a contractor against two engineers, for lack of probable cause to indict them.

The complaint for violation of Republic Act 9184 and R.A. 3019 was filed by Bernabe Gilbor against former Bacolod District Engineer Josefino Melgar Jr. and Bids and Awards chairman Rene Cerna for their alleged refusal to accept his letter of intent to bid for a road rehabilitation project.

Gilbor, who is president of the Negros Occidental Group of Contractors and Supreme ABF Construction and Construction Supply Company, said that on November 8, 2010, he submitted a letter of intent to bid in the project under contract no. 10GC0073 titled: “Rehab/Reconstruction/Upgrading of Damaged Paved National Road along Sum-ag-Abuanan Road, Bacolod City,” with an approved budget for the contract of P21,090,327 at the Bacolod City Engineer's Office.

He said that when he submitted his letter to Cerna, he was advised that he should go first to Melgar. But Melgar advised him to “refrain from submitting” his letter of intent and other documents for the project because he would not accept it, he added.

Gilbor said the act of Melgar constitutes a violation of R.A. 9184 and R.A. 3019 and that his unlawful act constitutes neglect for failure to do what can be done and what is required to be done.

He said this is the first time in his 31 year in the construction business that his LOI was not accepted despite the fact that all his documents were in order and he had complied with all the requirements.

Melgar and Cerna, in their joint affidavit, said Gilbor's firm had submitted its LOI on Nov. 8, 2010 but it was found to be deficient and not in order, and that he had no valid CRC.

They said the Department of Public Works and Highways Manual requires that only contractors holding DPWH-issued CRC can deal with the agency and presentation of the original of such CRC is required during submission of LOI's.

This requirement of prior registration with the DPWH is reiterated in the invitation to Bid and published in the DPWH website, they added.

Both Melgar and Cerna said the remedy against any adverse action/decision of the BAC is to file a motion for reconsideration and simply present the original CRC and 50 percent track record for compliance.

The complainant did not submit the documents required “within the prescribed time,” giving rise to the presumption that he had no valid CRC at the time he submitted his LOI, they said.

In his Resolution dated Oct. 10, 2011, Graft Investigation and Prosecution Officer 1 Alfred Yann Oguis, said they find lack of probable cause to indict Melgar and Cerna for violation of R.A. 9184 and R.A. 3019 and ordered the dismissal of the case.

The Ombudsman also dismissed allegations by both parties to an affidavit of denunciation, personal attacks or the alleged usurpation of the duties and functions of the BAC chairman not being relevant to the resolution of the main issue of refusal to accept LOI.

The Resolution was recommended for approval by Assistant Ombudsman Virginia Palanca-Santiago and approved by Deputy Ombudsman for the Visayas Pelagio Apostol.*CGS

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