MANILA, Philippines—The Office of the Ombudsman has ordered the filing of graft and bribery charges against Pasay City Mayor Antonio Calixto, former mayor Wenceslao Trinidad and several others in connection with alleged irregularities in the approval of a solid waste management contract.
Also ordered charged with graft were Councilors Richard M. Advincula, Lexter N. Ibay, Jose Antonio F. Roxas, Noel C. Bayona, Arnel Regino T. Arceo, Editha V. Vergel De Dios, Marie Irish P. Pineda, and Greg Paolo N. Alcera; private contractors Ernesto V. Salvador (owner of LEG Hauling Services), Joel C. Ycasas (president, Excellent Transport Services, Inc.), Jeremy R. Paguia (owner, Solid Waste Alternative Tech), Ma. Marilou E. Baltazar (owner, RM Maintenance Services) and Alexander K. Tantoco (president, Greenline Envirotech Philippines).
Investigation showed that Pasay City appropriated P232,320,000 in public funds for garbage disposal and awarded the same to several contractors. However, the contracts for garbage services were awarded without any public bidding conducted for two years.
It was also established that the Sangguniang Panglungsod had passed a resolution on Jan. 20, 2004 declaring as void the garbage collection and disposal contracts on the ground that they were entered into without the approved budget for the contract and for being overpriced and prejudicial to the government. One month later, the Sanggunian passed a resolution authorizing then Mayor Trinidad to extend the contract for a period not exceeding 90 days.
On Feb. 13, 2004, Trinidad, in the guise of restoring vital services pursuant to RA 9184 (Government Procurement Reform Act), entered into contracts for a period of six months, instead of the authorized 90 day extension.
Likewise, the testimony provided by Councilor Antonia Cuneta and Generoso Cuneta categorically stated that Trinidad, then Vice Mayor Calixto and each of the councilors received monthly kickbacks from the private contractors: Trinidad, P520,000; Calixto, P260,000 and the councilors, P130,000.
The Office of the Ombudsman found the same to be sufficient to establish probable cause against the respondents for bribery.
In the investigation, it was established that four sets of contracts were entered into during the two year period wherein a total of P278,455,368 was actually disbursed by the City of Pasay to pay the contractors.
The respondents did not proffer sufficient explanation as to why they disregarded the rules provided in RA 9184 especially on the requirement of public bidding.
“To stress, the contracts involved millions of pesos. Respondent Trinidad would always ask for contract extensions and the Sanggunian would willingly give it in exchange for the monthly kickbacks,” the resolution stated.
It further stated that despite these facts, Calixto did not do anything to protect the interest and welfare of his constituents.
“Calixto’s inaction could be easily explained by the glaring truth that he was part of the grand scheme of the public officers and private respondents, in order that they would be assured that they would be awarded contracts, and the latter making sure that they would continue receiving monthly salaries,” it said.