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[av_heading heading=’Spurned junkshop hauls Silay City officials to court’ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’18’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”][/av_heading]
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Wednesday, February 21, 2018
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SILAY City – A junkshop claimed to have won the bidding for various junk vehicles, waste materials and other items owned by the city government of Silay in Negros Occidental but that it was not awarded the contract.
It has therefore sought from the court an injunction and damages against several city government officials.
Franklyn Junkshop named as respondents Mayor Mark Andrew J. Golez; the members of the Disposal Committee (Atty. Ryan V. Montoro, Ramon H. Dumancas, Salvador Melgar, Elsie S. Jimenea, DeLa G. Ledesma, and Kent Torres); and Raul Belleza, authorized representative of Errol Mariah Enterprises.
Criminal and administrative charges were likewise being readied against them in the Office of the Ombudsman for violation of the anti-graft law, Republic Act 3019, according to Atty. Archie Baribar, the legal counsel of Franklyn Junkshop owned by Analyn Posa and husband Franklin.
In Civil Case N0-3056-40 at the Regional Trial Court (Branch 40), Posa claimed she won the bidding conducted on Oct. 27, 20017.
“Petitioner Franklyn Junkshop presented the highest bid at P3,704,793 and was declared the winning party as shown by a photo result of the said bidding and as evidenced in attached ‘Annex E’ of the complaint,” part of the petition stated.
Posa also submitted to the Bidding Committee her Certificate of Bank Deposit and/or Placement issued by Banco de Oro (SMA-379-17-126) dated Nov. 7, 2017, in the total amount of P5,531,429.27.
The bank statement proved that Posa was financially qualified, according to Baribar.
But despite the clear proof that Posa possessed a bigger bank deposit as a competent and winning bidder, the award was given to Errol Mariah Enterprises whose bid was only P3,043,170, according to the complaint.
Posa’s Franklyn Junkshop bid was P3,704,793 – higher than all other participating bidders, it stressed.
In its Resolution No-01 dated Dec. 28, 2017, Series of 2017, the Disposal Committee partly (Page 2, Par. 5) said: “Whereas, upon the conduct of actual onsite post qualification and evaluation on Nov. 10, 2107 of Errol Mariah Enterprises, its bank record revealed that it has sufficient and more cash in the bank than its bid price of P3,043,170.”
Posa countered that her bank’s Certificate of Deposit, which was received and annexed as “Annex C” in the court petition, was P5,531,492,27 – much higher that her bid price of P3,704,793.
“When my client submitted her Bank Certificate, the Disposal Committee Office refused to receive it,” lamented Baribar.
Mayor Golez and the other respondents could not be reached for comment as of this writing./PN
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