The Sandiganbayan has cleared three government procurement officers linked in the alleged anomalous PHP6.2-million contract for the purchase of seven rubber boats for the Philippine Navy in 2010.
In a 32-page decision dated September 4 and penned by Associate Justice Karl B. Miranda, the anti-graft court's Sixth Division acquitted Malone B. Agudelo, Mervin Ian D. Tanquintoc, and Alvin John D. Perator for the prosecution's failure to prove their guilt beyond reasonable doubt.
The court said it will not condone the filing of baseless charges "by losing bidders against procurement practitioners and winning bidders especially when it is clear that the losing bidder itself failed to comply with the bidding documents".
The court added that while the government procurement guarantees competition, transparency, and accountability in the procurement process, “procurement practitioners and winning bidders should be shielded against baseless accusations that only delay the procurement process”.
The persons acquitted were members of the inter-agency Bidding and Awards Committee technical working group which approved the contract for the supply and delivery of seven inflatable rubber boats to the local firm Joavi which bidded PHP3.464 million for the contract, offering its Aquasports Hypalon Rubber Boat 470.
The boats were to be brought upon recommendation of the Naval Special Operations Group which performs counter-terrorist activities, marine interdiction operations and such other special operations. The original request specified the Zodiac Futura FC470 Commando Rubber Boat.
Zodiac's local distributor, Geneve SA, at the same time, bid offer was PHP5.495 million.
Associate Justices Sarah T. Fernandez and Kevin Narce B. Vivero concurred.
https://www.pna.gov.ph/articles/1114635
In a 32-page decision dated September 4 and penned by Associate Justice Karl B. Miranda, the anti-graft court's Sixth Division acquitted Malone B. Agudelo, Mervin Ian D. Tanquintoc, and Alvin John D. Perator for the prosecution's failure to prove their guilt beyond reasonable doubt.
The court said it will not condone the filing of baseless charges "by losing bidders against procurement practitioners and winning bidders especially when it is clear that the losing bidder itself failed to comply with the bidding documents".
The court added that while the government procurement guarantees competition, transparency, and accountability in the procurement process, “procurement practitioners and winning bidders should be shielded against baseless accusations that only delay the procurement process”.
The persons acquitted were members of the inter-agency Bidding and Awards Committee technical working group which approved the contract for the supply and delivery of seven inflatable rubber boats to the local firm Joavi which bidded PHP3.464 million for the contract, offering its Aquasports Hypalon Rubber Boat 470.
The boats were to be brought upon recommendation of the Naval Special Operations Group which performs counter-terrorist activities, marine interdiction operations and such other special operations. The original request specified the Zodiac Futura FC470 Commando Rubber Boat.
Zodiac's local distributor, Geneve SA, at the same time, bid offer was PHP5.495 million.
Associate Justices Sarah T. Fernandez and Kevin Narce B. Vivero concurred.
https://www.pna.gov.ph/articles/1114635
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