Sunday, July 14, 2013

Ombudsman files charges vs Air Force officers, contractors

From the  Business Mirror (Jul 10): Ombudsman files charges vs Air Force officers, contractors

 FOUR Air Force retired officers and one who is still in active duty and two private contractors were ordered charged before the Sandiganbayan in connection with alleged irregularities in the P5-million repair of a dental clinic.

In an 11-page Resolution, Ombudsman Conchita Carpio-Morales ordered the indictment of Brig. Gen. Francisco C. Callelero, Col. Jaime B. Rodrigo, Col. Carlito E. Besorio, Capt. Ramir L. Llagas, all retired; Maj. Rony P. Cubar; and private contractor Eric L. Muros of Elm Elek-Tru for alleged violation of Section 3(e) of Republic Act (RA) 3019 or the Antigraft and Corrupt Practices Act.
 
Callelero, Rodrigo, Besorio, Cubar, Llagas and private contractor Basilio P. de Guzman of Guzi Enterprises are facing two counts of alleged violation of Section 3(e) of RA 3019.
 
A separate three counts of alleged violation of Section 3(g) of RA 3019 will also be filed against Callelero, Rodrigo, Besorio, Cubar and Llagas.
 
The case stemmed from a letter-complaint filed by former Armed Forces Chief of Staff and now Immigration Commissioner Gen. Ricardo A. David on the delay in the accomplishment and unsatisfactory result of the repair-rehabilitation of the Armed Forces Dental Service Center (AFPDSC) and the 1351st Dental Clinic.
 
Upon audit by the military’s internal auditor, the following findings were discovered:
  • Lack of detailed engineering specifications resulted in additional scope of work;
  • Construction defects on the posts and beams, walls, floor tiles and roof;
  • Discrepancies in the amount stated in the deeds of agreement between the 335th Aviation Engineering Wing and Guzi Enterprises and Elm Elec-Tru Products;
  • Discrepancy in the deeds of agreement and purchase orders (POs) on the actual amount expended for the rehabilitation projects;
  • Discrepancy in the amount requested by the former and incumbent chief engineer for additional fund support for the 1351th Dental Clinic project completion;
  • Doubtful-questionable addresses of the dealer-supplier indicated in the POs and sales invoices and the capability to undertake the projects;
  • Doubtful-questionable deeds of agreement;
  • Doubtful receipts-sales invoices attached to the POs;
  • Shopping was the mode of procurement used and splitting of POs was observed and;
  • Newly procured dental equipment cannot be installed and used due to delay in project completion.
Records revealed that the rehabilitation of the 1351st Dental and AFPDSC building per directive of the commanding general of the Air Force must be undertaken by administration.
 
However, the supply of labor was outsourced to private contractors as evidenced by the three deeds of agreement entered into by 355th Aviation Engineering Wing, Basa Air Base, Pampanga without the benefit of public bidding as required by RA 9184.
 
Despite ample time given to the respondents, only respondents Cubar and Llagas submitted their respective counter affidavits.
 
Since the issue on splitting of contracts raised in the original complaint emanating from the former Armed Forces chief of staff were not addressed during the fact-finding and preliminary investigation, the Ombudsman approved the conduct of a separate fact-finding investigation on the issue.
 
“Clearly, being signatories in the three contracts in their official capacities, public respondents [Callelero, Rodrigo, Besorio, Cubar and Llagas] took advantage of their official positions and private respondents [Muros and de Guzman] connived to do away with the mandated public bidding for their personal benefit and to the disadvantage of the government,” the resolution said.
 

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