COA panel recommends raps vs Pampanga town mayor for irregular P39.2M purchase

MANILA, Philippines — The three-man Commission on Audit-Commission Proper (COA-CP) has asked the Ombudsman to probe and file appropriate charges against the mayor of Mexico, Pampanga, other local officials, and a contractor relative to the irregular purchase of construction materials for the municipality worth P39.2 million.

In the October 1 decision of the body chaired by Michael Aguinaldo, the COA-CP also denied the appeal of Mayor Teddy Tumang on his involvement in the procurement which prompted COA to issue notice of disallowances against the local government in 2013.

Prior to this, a 2010 special audit of the agency had revealed that the P39.2 million transaction with Buyu Trading and Construction (BTC)– described by COA as “supplier with questionable capacity”– had “deficiencies” such as failure to issue official receipts.

COA also said the mode of procurement was through shopping, contrary to the conditions laid down by Section 52 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, and Government Procurement Policy Board Resolution No. 009-2009 dated November 23, 2009.

The splitting of contracts and other irregularities also “stifled or suppressed competition and produced results disadvantageous to the government,” according to COA.

It was also found that Tumang was one of those who certified the authenticity and correctness of the prices and articles offered by the dealers, a practice that is prohibited under Section 11.2.5 of the IRR of RA No. 9184.

“The Prosecution and Litigation Office, Legal Services Sector, this Commission, is hereby directed to refer the case to the Office of the Ombudsman for the filing of the appropriate charges, if warranted, against the following persons responsible for the procurement in violation of existing laws, rules, and regulations,” said the panel.

Charges were sought against Tumang, head of procuring entity; Mr. Marlon L. Maniacup, Bids and Awards Committee (BAC) chairman; Mr. Jesus S. Punzalan, BAC vice-chairman.

Also implicated were Mr. William B. Colis, proprietor of BTC; and all the BAC members at the time the procurement was made, namely: Ms. Avelina P. Reyes, municipal treasurer; Ms. Lucila M. Agento, budget officer; and Mr. Romeo M. Razon. /je