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ZAMBOANGA CITY - The 6th Division of the Sandiganbayan has acquitted six officials of the Zamboanga City Water District (ZCWD) of charges in violation of the Graft and Corrupt Practices Act and the General Procurement Act, the ZCWD said in a statement Friday. The six ZCWD officials were acquitted for the failure of the prosecution to prove beyond reasonable doubt that the accused committed acts in violation of Section 3(e) of Republic Act 3019, Anti-Graft and Corrupt Practices Act as amended and Section 65(2) Article 21 of R.A. 9184 (Government Procurement and Reform Act) based on the decision of the Sandiganbayan's 6th Division released on Wednesday and penned by Associate Justice Karl Miranda. Associate Justices Sarah Jane Fernandez, chairperson of the 6th Division, and Kevin Narce Vivero concurred with the decision. The respondents in the case included ZCWD General Manager Leonardo Rey Vasquez and members of the Bids and Awards Committee headed at that time by lawyer Lovell Abad and Engr. Teotimo Reyes Jr, as vice-chair; as well as Engr. Arnulfo Alfonso; Engr. Rodrigo Vega; and Fernando Camba as members. The ZCWD said the case against the respondents stemmed from a complaint filed in 2011 by the Bendimil Construction and Development Corporation on the ZCWD's procurement process for the line project rehabilitation of the Santa Maria-Pasonanca road pipeline with an approved budget of P19,548,119. The decision stressed the prosecution's failure to establish gross negligence, bad faith, or manifestation of partiality on the part of the accused, according to the ZCWD. It further stated that no undue injury was suffered by the complainant. Justice Miranda, in the penned decision, further emphasized, "The Procurement Law, in conjunction with the Anti-Graft and Corrupt Practices Act, aims to prevent the graft from the competition, transparency, and accountability in the procurement process. These laws must never be wielded to harass and intimidate the innocent from doing their duty...Instead, they deserve all the support and protection that can be afforded them." The Sandiganbayan also declared that no civil liability could be adjudged against the accused ZCWD officials as the act or omission from which the civil liability might arise did not exist. The ZCWD said that the bonds posted by the accused for their temporary liberty were also ordered released and the hold departure order issued against them was lifted. The acquitted ZCWD officials collectively expressed relief on the dismissal of the charges against them. Three of the accused have since retired-Alfonso, Reyes, and Vega-while the rest are still in active service. (PNA) }
MANILA - The Sandiganbayan has acquitted officials of the Zamboanga City Water District (ZCWD) of graft charges over irregularities in the 2010 bidding of the PHP19-million Pasonanca-Sta. Maria Line rehabilitation project. In its decision dated Nov. 24, the court's Sixth Division acquitted ZCWD general manager Leonardo Rey Vazquez, department manager Lovell Abad, and division managers Teotimo Reyes Jr., Arnulfo Alfonso, Rodrigo Vega, and Fernando Camba. They were charged with the alleged violations of the Anti-Graft and Corrupt Practices Act (RA 3019) and the Government Procurement Reform Act (RA 9184) following a complaint filed by a bidder, Bendimil Construction and Development Corp. for allegedly delaying and failing to conduct post-qualification proceedings. Bendimil, which had been issued a notice of lowest calculated bid (NLCB), had filed a case after another bidder, NLV Construction and Development Corporation was issued its own NLCB, even as Bendimil was undergoing post-qualification proceedings. In its ruling, the anti-graft court said evidence presented during the evaluation found computation errors in the winning company, NLV's itemized bid which turned out to have submitted the lowest bid for the project. After a recomputation, NLV's corrected bid price was at PHP18.75 million, lower than Bendimil's bid at PHP19.42 million. The court said "it was only proper not to proceed with the post-qualification of Bendimil since it was not the lowest calculated bidder for the project". It added that the issuance of an NLCB by the Biddings and Awards Committee (BAC) before the recomputation "did not entitle Bendimil to be post-qualified". (PNA) }
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