A lawyer has charged former and incumbent officials of the Department of Transportation and Communications (DOTC) of graft for allegedly awarding an advertising contract to a private firm without the benefit of the required public bidding.
The complaint was filed in the Office of the Ombudsman by lawyer Howard Calleja, who said he did it as a concerned citizen.
The case concerned the contract that the DOTC awarded to Trackworks in May for advertising services for the Buendia, Shaw and Ayala stations of the MRT 3.
Named respondents were former Undersecretary for Railways Glicerio Sicat and Undersecretary for Administrative, Legal Affairs, Finance and Comptrollership Aristotle Batuhan; former Assistant Secretary for Legal Affairs Raquel Desiderio; current DOTC-Metrostar Director for Operations Renato San Jose; and Trackworks Rail Transit Advertising, Vending and Promotions Inc. president Joselito de Joya.
According to Calleja, government contracts must undergo public bidding to ensure the best price for goods and services for the state. But in the case of Trackworks, he said the DOTC awarded the advertising contract to it without undergoing any competitive bidding.
Because of this, the government lost the opportunity to obtain the best rates for the advertising spaces it owns, he said.
“Despite the clear mandate of the law, there is no showing that the DOTC, through respondents herein, put out an invitation to the public for the bidding of the advertising spaces in Ayala, Buendia and Shaw,” he said.
Trackworks’ application was approved without inviting other bidders who could match or outmatch its offer, he added.
He said this “put the government at a grossly disadvantageous position.”
He said the officials violated the antigraft law, which penalizes acts that cause undue injury to the government, or which give a private party unwarranted benefits, as well as the act of knowingly approving or granting any license, permit or privilege to any person not qualified to it.
Calleja said it was clear that there was undue preference given to Trackworks so that it would secure the contract.
He said San Jose connived with and issued passes to Trackworks, showing that he approved of the actions of the former DOTC officials.