Councilor Mylen Yaranon with Ryan Dale Mangusan, former civil servant, announced the filing of cases against Baguio Mayor Benjamin Magalong at the Office of the Ombudsman, Wednesday morning, July 3, 2024, in a press conference citing irregularities on infrastructure projects at the Athletic Bowl and Wright Park.
The cases cite violations of RA 3019 (anti-graft and corrupt practices act) Grave misconduct, gross negligence, gross incompetence and conduct prejudicial to the best interests of public service with violations of the RA 9184 and it Implementing Rules and Regulations.
Yaranon said “The complaints done in good faith and not for political purposes but to uphold the essence of accountability and good governance in public service and sanctity government policy that public office is a public trust.”
Magalong faces the accusations with City Administrator Bonifacio Dela Pena in his capacity as chairman of the Bids and Awards Committee (BAC) with Architect Johnny Degay as member of the BAC and head of the implementing department and Samuel Salvador.
Mangusan in a prepared statement read by Yaranon said “We have admired early on, the brilliant platform on good governance that promised a better and more improvements in running the affairs of the City Government. The questionable management of these big haul projects have greatly maligned the good intentions of the city, its systems and procedures including the quality of leadership.
Wright Park Projects
In the complaint, the Basic Infrastructure Program (BIP) and the Sustainable Infrastructure Project Alleviating Gaps (SIPAG) construction of a multipurpose building at Barangay Lualhati (Wright Park) is being questioned.
The project amounts to P49,500 and is from the 2022 Department of Public Works and Highways (DPWH) Regular Infrastructure Program under BIP. The Memorandum of Agreement (MOA) was notarized December 23, 2022 and start date was on February 10, 2023 with an original expiry date on September 7, 2023 but then revised to October 23, 2023.
While the SIPAG construction of a multi- Purpose building located at Wright Park, Baguio City in the amount of P29, 400, 000 for 2022 DPWH Regular Infrastructure Program with MOA dated December 23, 2022 with start date set, February 10, 2023 and original expiry date at September 7, 2023 but moved to October 24 of the same year.
Yaranon relayed the status of both projects citing a letter from District Engineer Rene Zarate on December 21, 2023:
- The BIP Project “Project is slow pacing and can no longer complete on December 31, 2023 due to lack of material time. Recommended for termination of the MOA through the DPWH regional office in November 7, 2023, with a project status of 5% accomplished and 95% slippage.
- The SIPAG project contract was terminated by default by the LGU on September 25, 2023 due to the contractors’ fault while the project is ongoing, it had incurred slippage of 15%or more. Described to not actually have on the project site the technical personnel listed of the contract or persistently or flagrantly neglects to carry out obligation under the contract with poor workmanship and a project status of 22% and -78% slippage
Yaranon in her prepared statement said “At the time of the bidding and notice of award, Khatib Construction was not qualified under pertinent revised IRR of RA 9184, known as the Government Procurement Reform Act. Respondents while in the performance of their official functions as the incumbent mayor and head of the procuring entity, chairman of the Bids and Awards committee, member of the BAC and head of the implementing department of the projects of the local government conspired or collaborated to award Khatib Construction the BIP and SIPAG projects.
She continued “The respondents awarded the awarded to Khatib Construction the BIP and SIPAG projects while knowing fully well that the said construction firm, at the time of submission of bid, post qualification, issuance of BAC resolution, notice of award and notice to proceed, said Khatib Construction had a non-responsive bid, hence automatically disqualified.”
Athletic Bowl, Burnham Park Projects
The Youth Convergence Center (YCC) and Indoor Sports Complex at the Athletic Bowl, Burnham Park is alleged to be in violation of the terms and conditions of the MOA resulting to unauthorized clustering of nationally funded projects.
‘’Until the present date, the project remains unfinished and abandoned while exposed rebars are being consumed by rust. The abandonment of the project has deprived the city and its tax payers the right to use the facility on time,” Yaranon said.
The lady councilor related in her complaint that it was in November 2021 when Magalong, representing the city government of Baguio entered into a MOA with the DPWH for the projects: Construction of a Multipurpose Building, Athletic Bowl Oval, Burnham Park, Baguio City, amounting to P50,000,000 from the DPWH Infrastructure Program under Local Program.
Yaranon said “The city government, through Mayor Benjamin Magalong lobbied for the DPWH to download the said fund to the city government for implementation. He represented that they have the capacity, expertise and could supervise the implementation of the project better than the DPWH. Laterally, the city government of Baguio included the Appropriation Ordinance No. 55 for 2021, the amount of P138. 11 million for the project.
- Both projects were clustered for bidding with a total budget of P390, 386, 870.80
- The two projects with different fund sources are now one single project (Project A: basement and 1st floor and Project B: 2nd, 3rd and 4th
The Athletic Bowl project was awarded to M.E Sicat Construction on December 16, 2021 with a 620 calendar days completion.
On June 17, 2022, the city government received from the DPWH initial P25 million as cash advance for the implementation of the projects. On September 22, 2022, the city government disbursed P25, 180, 500 to M.E. Sicat.
On July 24, 2023 the Commission on Audit Technical Audit for CAR reported the project incurred a negative slippage of 21.12 % but despite the same, no calibrated action was taken by the respondents.”
Previously, Yaranon filed a graft complaint against Magalong for the alleged anomalous purchase of a 6.5-hectare property for nearly P100 million early this year. And another case for violating Section 3 of the Republic Act 3019 or the Graft and Corruption and Malversation of Public Fund and Administrative Offenses over the implementation of the construction and improvement as well as rehabilitation of a Multi-Purpose Building in Irisan Barangay Complex worth P50 million.
Both cases are pending in the office of the Ombudsman. Maria Elena Catajan
