The Ombudsman has approved the filing of charges in court against Mayor Rommel Yogore of Valladolid, Negros Occidental, and four others for violation of the Anti Graft and Corrupt Practices Act for the repair and improvement of a rural health unit without public bidding.

Yogore's lawyer, Rayfrando Diaz, said yesterday that they will file a motion for reconsideration to the Ombudsman's resolution, saying his client is entitled to due process.

In fact, the motion for reconsideration is ready, he is just waiting for Yogore who is out of town, to sign it on his return, Diaz added.

Diaz said a canvass for the best price for the project's construction materials was conducted.

The Ombudsman's resolution stemmed from a complaint filed by Larry Concepcion, a Valladolid resident and a Radyo Veritas broadcaster, against Yogore and his co-accused questioning the repair and improvement of the Valladolid rural health unit funded by a P250,000 grant from the Department of Health without the benefit of public bidding.

Concepcion alleged that the December 2008 delivery, inspection and acceptance of the construction materials for the project were done even before three quotations were obtained prior to the award of contract and issuance of purchase order to JB Nieve Hardware and Construction Supply.

Concepcion also alleged that the owner of the hardware store, Jonie Nieve, is the husband of the mayor's sister.

The respondents contended that the complaint was political harassment and a tool for retaliation by Concepcion who was charged for libel by the mayor.

But the Ombudsman's resolution, received by Concepcion Thursday, found probable cause to indict Yogore, Giovani Robles – municipal agriculturist and chairman of the Bids and Awards Committee, Joseph Alfonso Manayon – municipal engineer and BAC vice chairman, and BAC members Daisy Galve and Merlene Magbanua of the Valladolid municipal government.

It also found probable cause to file charges against Jonie Nieve, proprietor of JB Nieve Hardware and Construction Supply.

The Ombudsman's resolution said it found no probable cause to indict municipal accountant Cheryl Aguirre, municipal treasurer Lilian Española, and Executive Assistant III Arnold Virgo of the Valladolid municipal government, and dismissed the complaint against them.

The Ombudsman's resolution also said the undisputed fact is that the procurement for the repair and improvement of the rural health unit was done through “shopping”, one of the alternative modes of procurement provided under the Government Procurement Reform Act.

But construction materials cannot be considered ordinary or regular office supplies that justify “shopping” as a mode of procurement, and their purchase could not be considered to have been urged by “unforeseen contingency”, the resolution said.

The resort to “shopping” in the procurement of the construction materials violated the general mandate on competitive biding in every procurement, it said.

“With no competitive bidding conducted…unwarranted benefits and advantage were given to JB Nieve Hardware and Construction Supply. Further, it was not determined whether the most advantageous price was obtained by the municipality for lack of public bidding,” the resolution said.

For approving the procurement through “shopping”, Yogore must be indicted, it said.

For their failure to conduct public bidding and instead resorting to shopping the BAC members must also be held answerable, the resolution said.

Nieve must also be indicted for being the recipient of such unwarranted benefits, advantage and preference, the resolution also said.*CPG

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