Ex-Jasaan to be tried for graft
THE former town mayor of Jasaan, Misamis Oriental and several members of the town's Bids and Awards Committee (BAC) are set to face trial before the Sandiganbayan for alleged violation of the Anti-Graft and Corrupt Practices Act.
In a press statement released off the Ombudsman website on Tuesday, December 19, erstwhile Jasaan town mayor Grace Jardin, BAC chair Leo Casiño, Vice-Chair Mark Allan Bagayna and members Liza Gaurana, Emrick Tabequero, Arlene Dacoco, and Warren Gaurana, were found to have conspired in rigging the bidding for the supply of construction materials for the road concreting project in Sitio Igpit, Luz Banzon, Jasaan.
Investigators were able to secure procurement documents showing that in July 2015, the respondents awarded the project to WGG Concrete Products and Mini Hardware as the lone bidder.
The ombudsman said WGG is owned by Warren who is the husband of BAC member Liza.
Respondents, in their defense, considered the affidavit of disclosure of no relationship submitted by Warren "as an honest mistake
Respondents, in their defense, considered the affidavit of disclosure of no relationship submitted by Warren “as an honest mistake as it was probably submitted on the presumption that respondent [Liza] Gaurana’s request that she be excluded from the BAC activities would be granted by the BAC.”
In its resolution, the ombudsman explained that “respondent public officials displayed manifest partiality in favor of WGG when they awarded the contract and caused the disbursement of funds in its favor despite the fact that respondent private individual was not a qualified bidder under the procurement law, which provides that the relation of the bidder to the members of the BAC up to the third civil degree of consanguinity of affinity shall automatically disqualify the bidder from participating in the procurement of contracts of the procuring entity.”
The ombudsman said that “the provision of the rules does not distinguish whether the person to whom the bidder is related within the third civil degree has recused herself from participating in the BAC proceedings.”
“At all events, respondent Gaurana was clearly active in the BAC proceedings as she was present during the opening of bids held in July 14, 2015 and even signed the BAC resolution which declared WGG as the bidder with the Single Calculated and Responsive Bid,”the resolution reads.
“Clearly, respondent Gaurana never precluded herself or was never precluded by the BAC from actively participating in the BAC activities,”the resolution added.