Ombudsman indicts ex-Binmaley mayor, businessman
BINMALEY-—The Office of the Ombudsman has indicted the former mayor here and a businessman for violation of Anti-Graft and Corrupt Practices Act on 21 counts for leasing heavy construction equipment without public bidding.
In a 15-page resolution approved by Ombudsman Conchita Carpio Morales, it found probable cause against respondents Lorenzo Cerezo, former mayor here and Edwin Castillo, owner and proprietor of MTAC’s Merchandising to be indicted for violation of Section 3 (e) of Republic Act No. 3019 for repeatedly entering into contract for the lease of heavy construction equipment without public bidding covering contracts dated Nov. 11, 2011 up to Feb. 18, 2013.
The complainant, Anita Urbano, also averred that the municipality procured electrical and construction materials from MTAC’s Merchandising owned by Castillo, without public bidding, too.
The complainant claims that Castillo is a relative within the third civil degree of affinity of respondent Cerezo while Marissa Bangsal is the half-sister of Barangay Captain Jesus Aquino’s wife Elvira Bangsal, whose daughter is married to respondent Castillo.
In his counter-affidavit on April 23, 2014, Cerezo admitted entering into contracts with MTAC’s Merchandising through the alternative modes of shopping and negotiated procurement, but claims that the Bids and Awards Committee of the municipality recommended the award thereof.
Cerezo denied having acted in conspiracy with the other respondents (Municipal Accountant Gertrudes Reyes and Aquino) or gave unwarranted benefits to MTAC’s Merchandising.
On the procurement of electrical and construction materials, the Ombudsman acknowledged that it was supported by Certificate of Emergency Purchases by the Municipal Disaster Risk Reduction Management Council and the BAC resolutions. The BAC recommended to Cerezo the award of contract for emergency purchases worth P50,000 and below which is authorized under Section 52.1 (a) of the Implementing Rules and Regulations of RA 9184.
The resolution, however, contended that “…respondents Cerezo and Castillo acted in evident bad faith and manifest partiality in entering into them.”
Meanwhile, the criminal charges against respondents Aquino and Reyes were dismissed for insufficiency of evidence. (Tita Roces)
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