By JIGGER J. JERUSALEM
Correspondent
THE anti-graft court found four former board members of the Cagayan de Oro Water District (COWD) guilty of unethical conduct in connection with their controversial 2004 bulk water supply deal with the firm Rio Verde Water Consortium Inc..
In separate decisions this Jan. 24 and Jan. 27, the Sandiganbayan found former COWD chairman Francisco Mendez, secretary Raymundo Java, treasurer Sarah Borja, and assistant secretary/treasurer Sandy Bass Jr. guilty beyond reasonable doubt of violating the Code of Conduct and Ethical Standards for Public Officers and Employees.
The rulings came after the former COWD board members pleaded guilty to violation of the Code of Conduct under Republic Act 6713 rather than be tried for violation of the Anti-Graft and Corrupt Practices Act.
As a result of the legal move that was not opposed by the Office of the Ombudsman, the former COWD officials received a slap on the wrist — a mere P5-thousand fine each.
The case was docketed as Criminal Case No. SB-18-CRM-0547 at the Sandiganbayan Second Division in Quezon City.
The Sandiganbayan also lifted and set aside the hold-departure order it issued against the four former COWD officials.
The decision was signed by Sandiganbayan Associate Justices Oscar Herrera, Michael Frederick Musngi and Bayani Jacinto.
The ombudsman had brought the former COWD officials to the anti-graft court after it found out that they awarded the contract to Rio Verde, a company owned by Palawan Gov. Jose Alvarez, without proper public bidding.
Alvarez, too, is one of those the ombudsman charged before the Sandiganbayan.
Alvarez’s company supplied treated water to COWD during the administration of the now late mayor Vicente Emano. Incidentally, the former COWD officials who were found guilty by the Sandiganbayan were Emano’s appointees to the COWD board.
The ombudsman had indicted the former COWD officials after finding out that on Dec. 23, 2004, COWD and Rio Verde entered into a bulk water supply agreement under questionable circumstances.
Investigators had found documents that showed that even before the submission and opening of the bids on Nov. 18, 2004, the COWD board already declared Rio Verde as qualified to participate in the bidding despite the firm’s failure to submit eligibility documents like income tax returns and audited financial statements.
The ombudsman said the contract was prepared solely by Rio Verde with no opportunity for the signatories to read and review the provisions, and it took the COWD board two years to notice the difference between the model contract and the signed contracts specifically on items concerning the billing rates.
“Consequently, the consortium billed COWD P11.52 per cubic meter instead of P10.45 per cubic meter as previously agreed upon by the parties,” reads a 2018 press release posted on the ombudsman’s website. “In so doing, not only did respondent Board members contravene the procurement law and blatantly demonstrate impropriety and partiality, they also belie their averment that they did not receive the BAC [Bids and Awards Committee] Resolution disqualifying the [Rio Verde] consortium.”
Mendez said the Sandiganbayan resolution came after the withdrawal of their not-guilty plea to guilty to a lesser offense “with the consent of the special prosecutor as a matter of procedure…”
Mendez said he was grateful to the Sandiganbayan “for the resolution of the case filed against us.”
“We are free and happy,” Mendez said.
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