The Hon. Conchita Carpio Morales, Ombudsman
The Ombudsman did not find any irregularity in the purchase of Day Care Computer Packages from Pisces, the exclusive distributor of the educational packages in question that were goods of proprietary character, produced by A-Star Learning World Pte Ltd in Singapore and sold exclusively in the Philippines by Pisces. Read.
The Ombudsman also stated in its decision that the collective acts of the respondent public officials in the purchase of the computer packages “do not embody the very acts punished under Section 3 (e) of Republic Act No. 3019 – which is the causing of undue injury or the giving of any unwarranted benefits, advantage or preference through manifest partiality, evident bad faith or gross inexcusable negligence.”
“In this particular case, the acts of the respondents in the procurement of the questioned Day Care Computer packages do not demonstrate bad faith, bias and giving of unwarranted benefit or preference in favor of Pisces because the purchase from Pisces… is authorized under Section 48.1.”, the decision stated.
Private respondents composed of persons representing Pisces stressed in their arguments that the erroneous conclusion of overpricing claimed by the complainant “is more glaring from the FIO’s theory that what the Province of Marinduque bought were nothing more than desktop computers with necessary peripherals, rather than learning packages which consisted of CD ROMs containing copyrighted software educational materials, instructional workbooks, and free one-day training seminar for day care workers, with the desktop computer and day care personnel merely added as freebies.” Read
Marinduque Capitol Building
It will be recalled that Board Member Raza and former Board Member Leticia Monte originally sponsored the resolutions in 2007, for the consolidation of unused funds into a single fund to be used “for priority development projects of the Office of the Governor and the Sangguniang Panlalawigan”. Specified in the same resolution that year was Php 5-million for Early Childhood Care and Development (ECCD) programs “for purchase of instructional materials and other teaching aids” among others. It was implemented from that year, 2007 and continued until 2010. Read
|Part of court ruling|
|Decision: Clear, concise, complete and correct.|
|Ombudsman Conchita Carpio Morales signed the Approval to Dismiss|
on June 15, 2012 with copies sent to all Respondents.