CRSA

REPUBLIC OF THE PHILIPPINES )crTY oF rl-o[o ) s.s.X---- -------X

COMPLAINT-AFF'IDAVIT

I, MANUEL P. MEJORADA, Filipino, of legal age, married, and a resident ofNo. 2Kasoy St., Block 11, Villa San Lorenzo Subd., Lapaz,5000 Iloilo City, after being swornin accordance with law, do hereby depose and state:

1. This affidavit establishes the facts and circumstances in support of a CRIMINALand ADMINISTRATIVE complaint I am filing against the following:

a. HON. I'RANKLIN M. DRILON, Senate President, Senate ofthePhilippines, GSIS Financial Center, Roxas Blvd., Pasay City;

b. ENGR. EDILBERTO TAYAO, Regional Director, Department of PublicWorks and Highways (DPWH), Regional Office VI, Fort San Pedro, IloiloCity; and

c. The Chairman and Members, Bids and Awards Committee (BAC),Department of Public Works and Highways (DPWH), Regional Office No.VI, Fort San Pedro, Iloilo City.

2. The afore-named public offrcials, conspiring and confederating with each ottrer,with intent to defraud'the government, violated Republic ActNo. 9184 (or theGovemment Procurement Reform Act), Republic Act No. 3019 (or the Anti-Graftand Comrpt Practices Act, particularly'Section 3, paragraphs [e] and tg]) and otherrelevant laws, in the procurement and implementation of a project entitled"Construction qf Slope Protection Works Alone Iloilo River Sta. 5 + 700-IR to Sta.6 + 420k-IR (Right Bank)" in Iloilo City (Underscoring supplied for emphasis).

3. The same public officials also committed dishonesty, grave misconduct,malversation of public funds and other such offenses as may be determined by thisHonorable Offrce based on the facts and circumstances drawn from evidence.

BACKGROUf{p

4. The project was advertised in an Invitation to Bid (ITB) on the website of thePhilippine Government Electronic Procurement System (PhilGEPS) on June 5,2012. A copy (print out from PhiIGEPS archives) of the Bid Notice Abstract for theproject with Reference Number 1841633 is hereto attached as Annex o'A".

5. The approved budget for the contract as appearing in the Invitation to Bid wasP33,950,000. The scope of work was for the'oconstruction of 720 (meters) long

slope protection work (earth dike with concrete blocks on side slopes) including 3m

wide asphalt pavement on 4.0m dike road". The contract duration was for 240

calendar days. The public bidding was:scheduled on June 26, 2012.

6. The Department of Public Works and Highways (DPWH) Region VI, representedby respondent EDILBERTO TAYAO as Regional Director, is the procuring entity

for this project.

7. Another document from PhiIGEPS which is labelled as "Award Notice Abstract(Ref No.: 466062)' which is attached as Annex o'B" of this complaint, containedthe following information about the contract:a" The contract was awarded to RoPRIM CONSTRUCTION with address at Lot

5 Block 5, Villa Las Palmas, Jaro,Iloilo City for the contract amount ofP33,908,791"50;

b. The contract was awarded on December 27,2A12 under Contract Numbert2G00026;

c. Notice to proceed was issued on Jahuary 2,2CI13 with the contract end date onAugust 11,2013.

d. The said "Award Notice Abstract" was published on May 16, 2013. Under theheading "Date Created", the date indioated is 16-May-201'3'

8. The project is better known in Iloilo City as "ESPLANADE II", a pet undertakingof respondent sENATE PRESIDENT FRANKLIN M. DRILON. It is believed to

have been funded from the scandalous, anomalous DEVELOPMENTACCELERATION PROGRAM (DAP) of the Aquino administration upon the

initiative of respondent DRILON. While the project proponent is DPWH, for all

intents and purposes, this is a project of respondent DRILON. He is the architect ofthis project and beneficiary from pecuniary gains derived from the anomalous

implementation of the same.

THE CONTRACT VIOLATES REPUBLIC ACT NO.9184 AI[D ITSREVISED IMPLEMENTING RULES AND REGULATIONS (RIRR).

9. The project was not included in the Annual Procurement Plan (APP) of theprocuring entrty which violates Section 7.2 of the zuRR which mandates that "No

procurement shall be undertaken unless it is in accordance with the approved APP

of the procuring entity."10. The project fails to meet the strict standards for projects that should be included in

the App of a procuring entity. Section 7.1 of the RIRR of Republic Act No' 9184

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states that "Consistent with govemment fiscal discipline measures, only thoseconsidered crucial to the efficient discharge of governmental functions shall be

included in the APP."a. There is nothing about the project that would make it o'crucial" to the

delivery of govemment services as it is an opulent, wasteful, extravagant'obeautification" project that makes no contribution to tourism or improved

public service.11. The Invitation to Bid (ITB) for the contract was not published in a newspaper of

national daily circulation in accordance with Section 22.2.1(a) of the RIRR of RA91 84.

12. Based on the data reported in the "Award Notice Abstracf' mentioned previously(Annex o'B"), the respondent Bids and Awards Committee also violated the

following sections of the zuRR of RA 9184:a. Section 37.t.6 which provides: "The BAC, through the Secretariat,, shall

post, within three (3) calendar days from its issuance, the Notice of Awardin the PhilGEPS, the website of the procuring entity, if any, and anyconspicuous place of the procuring entity."

b. Section 37.4.2 which mandates that "The procuring entity, through theBAC Secretariat, shall post a copy of the Notice to Proceed and theapproved contract in the PhilGEPS or the website of the procuring entity, ifany, within fifteen (15) calendar days &om the issuance of the Notice toProceed."

c. Section 38.1 which provides that "The procurement process from theopening of bids up to the award of contract shall not exceed three (3)

months, or a shorter period to be determined by the procuring entityconcerned."

13. To reiterate, the Notice of Award was issued to ROPRIM CONSTRUCTION on

December 27 , 2012. The Notice to Proceed was issued on January 2, 20L3 . But the

said Notices were posted on the PhiIGEPS only on May 16, 2013,long after thecontract had started to be implemented. In fact, it was past midway of the contractduration.

14. The opening of bids for the contract was held on June 26,2012. The Notice toProceed was issued on January 2,2013. The entire procurement process took morethan SIX (6) months, contrary to what is provided under Section 38.1 of the zuRRofRA 9184.

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