MANILA, Philippines ? President Gloria Macapagal-Arroyo and 14 others are facing a plunder complaint before the Office of the Ombudsman.
The Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas and Anakpawis, in a 15-page charge sheet, accused Arroyo, her Agriculture Secretary Arthur Yap, and 13 other respondents of allegedly violating Republic Act 7080 or the Plunder Law, Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials, and Republic Act 9184 or the Government Procurement Reform Act in connection with the P455.7 million purchase of ice-making machines.
Aside from Arroyo and Yap, also included in the complaint were: Allan Javellana President, National Agribusiness Corp. (Nabcor); Romulo Relevo, Chairman, Bids and Awards Committee (BAC-Nabcor); Dennis Lozada, Winston Azucena, Melody de Guzman, and Encarnita-Cristina Monsod, members of the BAC-Nabcor; Alexander Leung, Chairman, Integrated Refrigeration Systems and Services, Inc. (IRSSI) (Formerly Triple 8 Agro Trading, Inc.); Chen Lien Ta, vice president/Research and Development-IRSSI; Lawrence Tan Son, Manager-IRSSI, Yao Ching Hsun, Director-IRSSI; Stephen Vehemente, corporate secretary-IRSSI; Marites Soriano, assistant corporate secretary-IRSSI; and Jason Paz, treasurer-IRSSI.
Complainants said the agriculture department through Nabcor awarded the government contract to a lone bidder ? the Integrated Refrigeration System and Services (IRSS) on Sept. 2, 2009, to provide the ice-making unit at P 4,650,000 per unit, or about P 2.3 million higher compared to the prevailing industry price for the ice-making machine.
They added that based on the contract, the government would pay IRSS the sum of P 455,700,000 for 98 units of ice-making machines with liquid freeze capability which will be supplied to selected municipal fish ports nationwide. But the complainants said the government could only pay the 98 units from P225 million to P230 million, or half of the quoted and agreed price with IRSS.
Complainants alleged that the winning bidder IRSS was only established as a corporation on August 25, a day after Nabcor conducted a preliminary bidding, which IRSS won.
The groups said that under Republic Act 9184 (Procuring Law), Section 37.1, the bidder must submit a copy of its single largest completed contract over the past 3 years, but such condition was impossible for IRSS, which got the contract last September 2.
Complainants are Salvador France, vice chairman of Pamalakaya, Anakpawis partylist Representatives Rafael Mariano, and Joel Maglunsod; and Anakpawis secretary general Cherry Clemente.