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Ombudsman files graft charges against ex-Gov. Cerilles, 6 others for the direct purchase of overpriced medical supplies
18 July 2012
Ombudsman Conchita Carpio Morales ordered the filing with the Sandiganbayan of a criminal Information for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) against former Zamboanga del Sur Governor, now Representative, Aurora Cerilles and six others for the irregular purchase of medical supplies in 2001.

Aside from Cerilles, likewise charged were Marina Tudio-Tampus, then Officer-in-Charge (OIC) Provincial Accountant; Estita Tago, OIC Provincial Budget Officer; Malaya Ysmael, OIC General Services Officer; Corazon Silla-Ariosa, Chief of Hospital of Zamboanga del Sur Provincial Hospital, all four as members of the Bids and Awards  Committee (BAC) of the Provincial Government of Zamboanga del Sur; and private individuals Rey Morgada and Neil Cruz, who acted as representatives of U-Net Distributors Corporation (U-Net) that bagged the supplies contract.

The case stemmed from the findings of the Commission on Audit (COA) that “various hospital supplies amounting to P6,879,225 were procured from exclusive distributors in violation of Section 105 of COA Circular No. 92-386,” which circular allows procurement from exclusive Philippine agents or distributors only if  “(a) the Philippine distributor has no sub-dealers selling at lower prices; and (b) no suitable substitutes of substantially the same quality are available at lower prices.”

The Ombudsman’s Resolution cited COA’s findings that the items procured from U-Net were very common which do not require brand name in order to purchase the same from exclusive distributors, and that had the procurement been made through public bidding the agency could have saved more than P1,204,755 since there will be competition of prices among many prospective suppliers.

The medical supplies that were purchased consist of scrub suit green (in large/medium sizes), flat sheet (66 X 108 in white, pink and blue colors), drawsheet (54 x 72), and abdominal bondage.

The Resolution concluded that “there is reason to believe that [they] had unlawfully allowed the direct purchase of medicine supplies from U-Net Distributors Corporation despite knowing that the situation does not call for such kind of purchase and notwithstanding that the documents supporting the identity of the said distributor as an exclusive distributor are questionable.”

The charges as against Zenaida Galicinao, Filomena Pongon, Roseller Ariosa and Isaias Regis, Jr. were dismissed for insufficiency of evidence.

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