Ombudsman tells DPWH to suspend 5 officials

MANILA, Philippines — The Office of the Ombudsman has ordered the Department of Public Works and Highways (DPWH) to enforce the preventive suspension order against five DPWH officials accused of unlawfully disqualifying a company in a public bidding for the construction of storm surge protection.

In a letter dated Jan. 2, 2020, and signed by Assistant Ombudsman Pilarita Lapitan, the Ombudsman ordered Public Works Secretary Mark Villar to explain why the preventive suspension has not been implemented.

Lapitan cited the letter of lawyer Mikhail Lenin Bueno, who requested the Office of the Ombudsman to take appropriate action against the DPWH for its defiance in not enforcing the six-month preventive suspension order against DPWH Assistant Director Virgilio Eduarte Eduarte; Attorney IV Eulogio Laboga; quality assurance and hydrology division chief Brenilda Mendoza; Equipment management division chief Romy Gumban and road heightening and Tide embankment chief Serafin Lago.

Ombudsman Samuel Martires approved on May 15, 2019, the six-month preventive suspension order dated Feb. 1, 2019, against the five DPWH officials, who were all then assigned to the DPWH Regional Office VIII in Palo, Leyte.

The order stemmed from the complaint filed by Edgar Tiu, proprietor and general manager of B.M. Marketing, who alleged that his company was “unlawfully disqualified by the respondents in the public bidding conducted on Dec. 21, 2016 by the DPWH Regional Office in Baras, Palo, Leyte, for the construction of the storm surge protection; road heightening and tide embankment worth P264,218,720.97.”

In his letter to Villar, Lapitan assailed the “alleged willful disobedience by the officials of the Department of Public Works and Highways” to implement the Feb. 1, 2019 order of the Ombudsman ordering the suspension of the five DPWH officials.Lapitan said that per records of the Ombudsman, the copy of the preventive suspension order was delivered and received by Villar’s office on Aug. 9, 2019.

The Ombudsman also warned that its defiance to implement such an order shall be a ground for disciplinary action.