TACLOBAN CITY ? Samar Governor Milagrosa "Mila" Tan and other provincial officials have been cited in indirect contempt and fined P30,000 each by a regional trial court in Calbayog City for proceeding with the awarding of a supply contract despite a temporary restraining order.

The court also directed them to return a total of P104 million in "complete restitution" to the provincial government.

The censure against Tan and four other provincial officials was issued by Executive Judge Reynaldo Clemens, presiding judge of RTC-Branch 31, for violating a temporary restraining order the court issued last July 16 against the bidding and award of the P104 million in supply contracts.

Aside from Tan, also cited in contempt of court directed to pay P30,000 each were provincial treasurer Bienvenido Sabenecio, provincial accountant Antonio Versoza Jr., lawyer Anastacio Yong and Ariel Yboa. All were members of the pre-bid and award committee of the provincial government.

In addition, they were directed to "make complete restitution to the provincial government of Samar all the amounts they paid to contractors or suppliers of goods/commodities/services involved in this case within 30 days from the finality of this order," Clemens said in his six-page order dated November 18.

Several calls to get the side of Tan and the other officials were unsuccessful.

Last July 16, the court issued a 72-hour temporary restraining order directing Tan and the four other officials not to proceed in paying the winning bidders for contracts to supply office, medical, drugs and construction materials worth more than P104 million.

The procurement of these supplies was questioned by other provincial officials led by Vice Governor Jesus Redaja and a non-government organization, the Concerned Citizens Action Force Organization, who claimed that no funds had been officially allotted for these purchases under the current provincial budget.

The bidding for these items was also questioned by Redaja and the same NGO, which prompted the same RTC to issue a TRO on July 7.

However, after the lapse of the TRO, the bidding was conducted on July 13. The winning bidders were identified as GenPro Trading which was said to be based in Daraga, Albay; the Tacloban Far East Marketing in Tacloban; Zber Med Pharma in Pasig City; and the Aikus Hollowmaker, BBCS Data System and Seaside store, all based in Catbalogan.

The amounts separately awarded to these business establishments were not disclosed.

According to the court, when the respondent Samar officials inspected and awarded the procured goods, they were still within the period covered by the TRO it issued.

The provincial government violated the TRO when the goods or commodities were delivered, inspected and bidders paid on July 16, 17 and 18, based on the vouchers and checks issued and signed by the respondents, the court said.

"The respondents clearly committed acts which brought the authority of the court and the administration of law into disrespect or which belittled, degraded, obstructed and embarrassed this court and justice," the court said.

Quoting a Supreme Court decision, the court also said that an injunction or restraining order which is not void must be obeyed while it remains in full force and effect and has not been overturned.

Last year, Tan was suspended for 90 days by the Department of Interior and Local Government by virtue of an order of the anti-graft court Sandiganbayan over alleged irregularities in another case, involving the procurement of various supplies worth over P16 million.