Rama, 8 others ordered to explain delay in Carbon Unit II construction

THE Office of the Ombudsman-Visayas has ordered former Cebu City mayor Michael Rama and eight others to answer the graft charges filed by Mayor Tomas Osmeña over the alleged anomalous reconstruction of the Carbon Market Unit II.

Deputy Ombudsman Paul Elmer Clemente gave Rama and his co-respondents 10 days to submit their counter-affidavits upon receipt of his order.

Clemente found a basis to proceed with the preliminary investigation and administrative adjudication relative to the complaint filed by Osmeña last October.

Reminder

The anti-graft office also reminded the respondents not to file a motion to dismiss or bill of particulars, and dilatory motions in the filing of their pleadings.

The other respondents lawyers Rafael Christopher Yap, Jose Marie Poblete and Dominic Diño; Councilor Jose Daluz III; Eustaquio Cesa; Alipio Bacalso; and Ester Concha, then members of the bids and awards committee (BAC).

Andrea Tan, owner of Geety Realty and Development Corp., was also included in the complaint.

In his complaint, Osmeña said the respondents connived to award the project to Geety Corp. even though it was not qualified to enter into government contracts worth over P100 million.

The mayor said Geety lacked the capability to undertake the project since it failed to finish the task on time despite several extensions.

Osmeña’s complaint was for violations of Section 3(e) of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act, and an administrative complaint for grave misconduct.

“Negative slippage”

Section 3(e) states that it is unlawful to cause “any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions.”

On March 20, 2013, the City awarded the P167million contract to Geety to rebuild Unit II after it was razed by fire in 1998.

According to the Commission on Audit, the project was delayed by 196 days with a negative slippage of 32.21 percent as of June 15, 2015.

Under RA 9184, or the Government Procurement Reform Act, it is the duty of the BAC to check the eligibility requirements of the contractor, particularly legal documents.

Rama, interviewed after the filing of the complaint, said he would face the investigation.