Three officials and department heads of the provincial government of Davao del Norte were cleared of graft charges filed in 2005 in relation to the alleged P3.6 million illegal procurements of vehicles.
Ombudsman Conchita Carpio-Morales, in a Joint Order issued last November 17 cleared for lack of sufficient evidence Provincial Treasurer Regina Ricafort, Provincial Budget Officer Norma Lumain and former Provincial Legal Officer Edwin Salvilla from raps of grave misconduct and violation of Section 3(e) Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The three officials were members of the Provincial Bids and Awards Committee (PBAC).
They were charged criminally and administratively for supposedly breaking the law on competitive bidding when they procured vehicles from dealer KarAsia, Inc. through direct contracting.
In January this year, the Office of the Ombudsman found the respondents guilty of grave misconduct and penalized Lumain and Ricafort for one year suspension without pay.
Both accused subsequently filed a joint motion for reconsideration.
After re-evaluation, the Ombudsman found “insufficient evidence of manifest partiality, evident bad faith or gross inexcusable negligence on the part of respondents in resorting to the subject direct contracting with KarAsia Inc.”
The Ombudsman added that the alternative method of procuring the vehicles from the company was “not only legal but also prudent”, as said company is the exclusive dealer of vehicles and parts based in Tagum City with the specifications required by the provincial government.
The Ombudsman decision added: “On the contrary, respondents acted in a manner that provided for what was advantageous all around for the LGU under the extant circumstances.”
