Bacolod City Legal Officer Allan Zamora yesterday said that Mayor Evelio Leonardia has approved his recommendation dated April 4, 2008 that the city nullify the award given to Commercial Motors Corp. for the purchase of 10  six-wheeler dump trucks, and that a new bidding be conducted for the acquisition of such necessary vehicles.

In a memorandum issued on Feb. 18, Zamora had been directed by the mayor to conduct an investigation into the alleged statement of Robert Balansag, salesman of CMC that implied irregularities, especially in the price per unit of the dump trucks.

The statement of Balansag, which came out in the newspapers and in a local TV program, spawned implications that there was an overprice in the actual price per unit of the 10 units six-wheeler dump trucks for the use of the Department of Public Services.

The dump trucks (NJ 1038) purchased by the city reportedly cost P680,000 to 700,000 per unit, but because of an alleged “SOP (standard operating procedure),” that Balansag claimed, the cost had climbed to P895,000 per unit.

On the day the mayor issued the memorandum, Zamora informed CMC that the statement of its salesman is being investigated and that, pending the result of the investigation, and for the purpose of transparency, the award for the purchase of the 10 dump trucks is being recalled.

In a letter dated Feb. 26, 2008, Zamora invited Balansag to a conference at the Mayor’s Office on March 6.

Balansag, however, failed to appear and Zamora received a call from CMC saying that it will submit his affidavit.

But Zamora said that, until today, he has not received any affidavit of Balansag.

Records at the Bids and Awards Committee showed that the bidding for the 10 dump trucks was published through the Philippine Government Electronic Procurement System and those who responded were CMC, Asian Truckers and Transcor Motors.   

Zamora said the recorded alleged statement of Balansag in a local TV program violated Sections 1 and 4 of R.A. 4200, or an Act to Prohibit and Penalize Wire Tapping and Other Related Violations of the Privacy of Communications. 

He said that since the recorded statement of Balansag violated R.A. 4200, it cannot be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.

Zamora also said that, because of the proscription expressly imposed by R.A. 4200, he cannot admit or consider as evidence the recorded alleged statement of Balansag in the administrative proceedings he conducted.

He said Balansag also refused to cooperate, as shown by his failure to appear on the March 6 scheduled investigation and as shown by his failure to submit his affidavit.

Because of the perception of the public that there is alleged anomaly, Zamora said the city could not close its eyes to that especially because it adheres to the principle of transparency and accountability.

To remove that perception, the mayor approved his recommendation to nullify the award since he, the BAC or even his office, have nothing to do with the transaction, he said.

Meanwhile, Leonardia said he approved the findings and recommendation of the City Legal Officer, considering that Balansag refused to cooperate and clarify his statement. “They were invited to come here to shed light on the issue because, after all, what we want is transparency and to get their side,” he said.

Leonardia said he therefore believes that the best way is to nullify the transaction so they can move forward and acquire the equipment needed by the city according to proper guidelines and with utmost transparency.*CGS

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