The Office of the Ombudsman has directed Bacolod Mayor Evelio Leonardia and six others to file their counter-affidavit and other controverting evidence to the complaint filed against them by Bernabe Gilbor, within 10 days after receiving the order.

Gilbor, general manager of AFG Construction and Construction Supply, filed criminal and administrative complaints against Leonardia, Bids and Awards chairman Goldwyn Nifras, Melvin Recabar, Luzviminda Treyes, City Administrator Roger Balo, Nelson Sedillo and Jaries Encabo of the BAC, for violation of R.A. 9184, 3019 and 6713.

In his complaint, Gilbor claimed that the BAC failed to issue a resolution awarding the contract to AFG Construction within 10 days, after they were declared the lowest responsive calculated bidder for the construction of 4-way Alijis-Taculing Road, including bridge connection with an approved budget contract of P13,489,645.55, despite their demand letters.

He said lately, Nifras sent a letter disqualifying their company because of the suspension issued by Public Works and Highway Secretary Hermogenes Ebdane Jr. published in the newspaper which, he claimed, is not yet official.

Gilbor said the only basis for the disqualification by Nifras was the pronouncement of Ebdane that AFG Construction has been suspended.

Meanwhile, Nifras said they received the order of the Ombudsman last week and will ask for an extension of 30 days to file their counter-affidavit since they have been very busy, having just conducted a bidding for the sanitary landfill.

He said he will discuss the matter with other members of the BAC.

Nifras said the BAC disqualified AFG Construction early last year because a bidder that has been suspended is not supposed to deal with the government. 

He also said Gilbor did not ask for reconsideration after AFG Construction was disqualified by the BAC, but waited for the period given them to file to lapse.*CGS

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