Stage-managed complaint?

JUST imagine. Had I attended the prebidding conference and opening of the bid price conducted by the Provincial Bids and Awards Committee (PBAC) for the purchase of P252 million worth heavy equipment sometime last November, I could have been included in the charge filed by an anonymous complainant before the Office of the Ombudsman-Visayas.

Due to my incessant discussion of the issue in my radio program and in my columns that drew the ire of Gov. Hilario Davide III, self-styled anti-graft crusader Crisologo Saavedra and I were invited by the PBAC chaired by Provincial Administrator Mark Tolentino to attend the pre-bid conference and the opening of the bid price as an observer.

But I politely declined the invitation noting that I don't have knowledge about bidding procedures. Besides, I already suspected that even if I would attend, there was already that “perceived bias” by members of the PBAC to favor a particular supplier. And I was right.

Last week, an anonymous complainant filed graft charges against Davide, Vice Gov. Agnes Magpale, eight members of the Provincial Board (PB) who voted for a resolution authorizing the governor to sign a contract with the winning bidder, members of the PBAC, owners of ConEquip and Rdak Merchandizing, the winning bidder and Mr. Saavedra. The complainant claimed that it was a “sham bidding” favoring a particular supplier.

And why was Mr. Saavedra included when he was just an observer? The complainant claimed that Mr. Saavedra, being an anti-graft crusader, should have intervened in the procedure knowing that the bidding was rigged. Tiaw nimo na, kung didto pa ko, apilon pod unta ko'g kiha kay sama ni Mr. Saavedra wala ko makabadlong sa mga binuang sa taga PBAC. Pagkadakong dimalas unta no? Maayo ra gyud nga wala ko motambong.

But even if I attended those bidding conferences, how could I have stopped the alleged rigging when I don't have any knowledge about bidding procedures? Bisan usa ka gatos pa ka Bobby Nalzaro molingkod didto og nagkasabot na ang mga PBAC members kinsay padag-on, wala gyud tay kalibutan. Mora ra ta og tawo-tawo sa humayan didto.

But I have that suspicion that this is a stage-managed complaint. Why? First, the complainant did not reveal his real identity when this is a very serious case. It's okay if the complainant was only “feeding” some vital information that could lead the anti-graft office to conduct further investigation. But he or she could request that his or her identity be concealed. This is already a formal complaint. He/she should have executed an affidavit, revealed his/her true identity and presented vital pieces of evidence.

Second, I suspect that this move is just to preempt the filing of a similar complaint by a “legitimate complainant” like Saavedra or the governor's political opponents who are more than willing to come out in the open. With the complainant concealing his/her identity, there is that big possibility that this complaint will just be dismissed by the anti-graft office on mere technicality. And if the “legitimate complaint” comes, those charged will just say, “ah, the case is just a rehash because it was already dismissed.” Got my point?

Mr. Saavedra has already filed his own complaint before the Ombudsman. I was furnished his very thick book-bound complaint with all the pertinent supporting documents attached. If the graft investigator who will handle it will just thoroughly study and scrutinize Saavedra's formal complaint, I'm sure he has no second thought of recommending the filing of the case before the Sandiganbayan.

If you recall, Saavedra filed graft charges against former governor and now third district Rep. Gwen Garcia for the purchase of the Balili property in Tinaan, Naga and the construction of the multi-million-peso Cebu International Convention Center (CICC). However, Gwen was cleared of the CICC issue, as it was dismissed by the antigraft court. Pero miagi og labad ang ulo ni Gwen gumikan sa mga kaso ni Saavedra.

Kun naapil pa ko og kiha, maglabad pud unta akong ulo kay tubagon man gyud nako ang reklamo bisan nagduda ko nga binuang ra ni. Ambot og depensahan ba kaha ko sa management sa Radyo GMA (RGMA) Network ug Sun.Star Publication nga ang maong kaso wala may labot sa akong media profession. Ah, daghan man gihapon kog amigong abogado. Naa si Atty. Gloria Dalawampu, (20 na gud na daan). Plus mga abogado sa Cebu Media Legal Aid (Cemla) nga atong mga kauban diri sa Sun.Star nga kadaghanan mga banggiitang graduwado sa University of the Visayas (UV) College of Law sama nila ni Atty. Cheking Seares, Frank Malilong, Eli Espinoza ug Eddie Barrita.