REGIONAL
Advocates Philippines
Ex-Baliuag Mayor found Guilty of Procurement Law Violation
Photo credit: Sandiganbayan
The Third Division of the Sandiganbayan has found Ex- Baliuag Mayor, Carolina Lacson Dellosa, guilty of violating the procurement law in the procurement of a vehicle for the local government.
The case stemmed from a complaint that alleged that the mayor approved the procurement of a vehicle for official use without following proper procedures.
Dellos was initially charged with “unlawfully and criminally giving unwarranted benefits, advantage or preference to Freeway Motor Sales of Baliuag Corp. by approving the award in its favor of the contract for the procurement of 1 Dated May 17, 2018, Records, Volume I, pp. 1-3. DECISION Criminal Case No. SB-1 9-CRM-O 143 People v. Dellosa one unit of 2.0L Mitsubishi MIVEC DOHC 4B11 1998 CC Active Sports Crossover.”
The court found that the mayor violated the procurement law when she approved the recommendation of the Bids and Awards Committee (BAC) to use direct contracting as a mode of procurement, citing limited source bidding or selective source bidding under Section 29 instead of Section 49. This was in violation of Republic Act (R.A.) No. 9184 or the Government Procurement Reform Act.
The BAC Resolution specified the brand of the vehicle to be procured, which is Mitsubishi, and justified the use of direct contracting under Section 50(c) of the IRR of R.A. No. 9184. However, it was found that there was no basis for resorting to direct contracting as the goods to be procured were not sold by an exclusive dealer or manufacturer and no suitable substitute could be obtained from the market at more advantageous terms to the government.
The Court noted that the vehicle was intended for official use by the national and local agency and should have been procured through competitive public bidding based on technical specifications and not brand names. It was also found that limited source bidding under Section 49 cannot be adopted as a mode of procurement as the vehicle does not fall under any of the conditions laid down in the provision.
The Court found that the mayor committed gross inexcusable negligence in approving the procurement of the subject vehicle, particularly the specification of a brand name, in violation of R.A. No. 9184. As the local chief executive and Head of Procuring Entity, the mayor was expected to exercise reasonable caution and sound judgment before approving official documents.
The case stemmed from a complaint that alleged that the mayor approved the procurement of a vehicle for official use without following proper procedures.
Dellos was initially charged with “unlawfully and criminally giving unwarranted benefits, advantage or preference to Freeway Motor Sales of Baliuag Corp. by approving the award in its favor of the contract for the procurement of 1 Dated May 17, 2018, Records, Volume I, pp. 1-3. DECISION Criminal Case No. SB-1 9-CRM-O 143 People v. Dellosa one unit of 2.0L Mitsubishi MIVEC DOHC 4B11 1998 CC Active Sports Crossover.”
The court found that the mayor violated the procurement law when she approved the recommendation of the Bids and Awards Committee (BAC) to use direct contracting as a mode of procurement, citing limited source bidding or selective source bidding under Section 29 instead of Section 49. This was in violation of Republic Act (R.A.) No. 9184 or the Government Procurement Reform Act.
The BAC Resolution specified the brand of the vehicle to be procured, which is Mitsubishi, and justified the use of direct contracting under Section 50(c) of the IRR of R.A. No. 9184. However, it was found that there was no basis for resorting to direct contracting as the goods to be procured were not sold by an exclusive dealer or manufacturer and no suitable substitute could be obtained from the market at more advantageous terms to the government.
The Court noted that the vehicle was intended for official use by the national and local agency and should have been procured through competitive public bidding based on technical specifications and not brand names. It was also found that limited source bidding under Section 49 cannot be adopted as a mode of procurement as the vehicle does not fall under any of the conditions laid down in the provision.
The Court found that the mayor committed gross inexcusable negligence in approving the procurement of the subject vehicle, particularly the specification of a brand name, in violation of R.A. No. 9184. As the local chief executive and Head of Procuring Entity, the mayor was expected to exercise reasonable caution and sound judgment before approving official documents.
Mar 10, 2023
