Thursday, December 3, 2009

Court orders Samar gov: Return P104M to province

TACLOBAN CITY — SAMAR GOV. Milagrosa Tan and other provincial officials were cited in contempt and ordered to return to the impoverished province’s coffers at least P104 million paid to suppliers of medicines and various items in contracts that the court had ordered stopped.

The regional trial court based in Calbayog City ordered the bidding and award of the contracts stopped in two temporary restraining orders issued on July 7 and July 16.

Tan and the other officials, however, defied the July 16 TRO and not only proceeded with the bidding and award of the contracts but the payments for suppliers as well.

The court, in its Nov. 18 order, fined Tan and the other officials P30,000 each for the contempt case.

Executive Judge Reynaldo Clements, presiding judge of RTC Branch 31 in Calbayog City, issued his second TRO on July 16 to stop the bidding and award by the provincial government of P104 million worth of contracts to buy medicines, construction materials and other items from various suppliers.

Cited in contempt with Tan were Provincial Treasurer Bienvenido Sabenecio, Provincial Accountant Antonio Versoza Jr., lawyer Anastacio Yong and Ariel Yboa. They were all members of the pre-bids and awards committee (PBAC) of the provincial government.

Return the money

Tan and the rest were ordered to return to the provincial government of Samar, one of the country’s poorest provinces, the P104 million in payments that were made to suppliers.

Calls made to Tan and the other officials for their statements went unanswered.

The contracts were questioned by Vice Gov. Jesus Redaja and the Concerned Citizens Action Force Organization, an anticorruption watchdog in Samar. They said the purchase of new medicines and other supplies was not covered by any allotment in the current provincial budget.

The bidding for the contracts was won by these firms—GenPro Trading, based in Daraga, Albay; Tacloban Far East Marketing, based in Tacloban City; Zber Med Pharma, based in Pasig City; and Aikus Hollowmaker, BBCS Data System and Seaside Store, all based in Catbalogan City.

Disrespect

The amounts separately awarded to these establishments were not disclosed.

Judge Clements, in his order, said Tan and the other officials inspected the purchased goods on July 16, 17 and 18, well within the period covered by the second TRO that he issued on July 16.

“The respondents clearly committed acts which brought the authority of the court and the administration of law into disrespect or which belittled, degraded, obstructed and embarrassed this court,” Judge Clements said in his order.

Graft suspension

Quoting a Supreme Court decision, the court said that an injunction, or restraining order, remains in effect until it is overturned by the court.

Last year, Tan was suspended for 90 days by the Department of Interior and Local Government over a graft case involving the use of P16 million of Samar’s calamity funds for supplies meant for a typhoon that had long passed when the funds were released.

Tan is planning to run for congressman to take the place of her daughter, Sharee Ann.

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