20100405 panel 45

8/4/2019 20100405 PANEL 45

http://slidepdf.com/reader/full/20100405-panel-45 1/8

Partial Transcript of Stenographic Notes

of the Special En Banc MeetingHeld on April5, 2010

Present:

Chairman

Commissioner

Commissioner

Commissioner

Commissioner

CommissionerCommissioner

Discussions on Secrecv Folder

Chairman Melo

Comm. Sarmiento

Jose A.R. MeloRene V. Sarmiento

Nicodemo T. FerrerLucenito N. TagleArmando C. Velasco

Elias R. YusophGregorio Y.Larrazabal

Ok, now we go to the secrecy folder, with this recommendation ofComm. Sarmiento

chair as discussed by the commission chair after this resolutionin connection with the secrecy folder, basahin ko Chair, resolutionnumber blank this pertains to resolution 8795 dated March 15,

2010 awarding the contract for the supply and delivery of onemillion eight hundred fifteen thousand (1,815,000) pieces ofsecrecy folders for the use in the May 10, 2010 National and LocalElections to OTC Papers Supply, Whereas on March 8, 2010 theBids and Awards Committee submitted a recommendation toaward the contract for the supply and delivery of one million eighthundred fifteen thousand (1,815,000) pieces of ballot seorecyfolder for the use in the May 10, 2010 National and LocalElections to OTC Paper Supply, Whereas the Commission.... ofthe regularity

ofthe procedure

conducted by the Bids and AwardsCommittee approved the said recommendation, Whereas uponcloser review of Comelec Resolution No. 8795 dated March 15,

2010 it was discovered that the Bids and Awards Committeerecommendation was a product of incomplete staff work for the

reason that the total number of ballot secrecy foldersrecommended to be purchased one million eight hundred fifteenthousand (1,815,000) exceeds the total number of ballot seorecy

folders that may actually be used during the elections, Whereas

upon review the computation used by the Bids and AwardsCommittee was based on the seventy two (72) ballots secrecy

folders per precinct multiplied by eighty two thousand fivehundred (82,500) clustered precincts considering that the actual

total clustered precincts are only seventy six thousand threehundred forty (76,340\, Whereas the Commission was

insufficiently informed of such computation, Whereas it was

discovered that the purchase price of three hundred eighty pesos

(Php 380.00) per ballot secrecy folder is exorbitant, Whereas the

Commission find the said purchase price manifestly and grossly

disadvantageous in the government, Wherefore the Commissionby virlue of the powers vested in it by the Constitution resolves as

it hereby resolves to declare the contract awarded to OTC paper

Supply Void, So Ordered, Signed

Declare the?hairman Melo

fit\J,a/

8/4/2019 20100405 PANEL 45


Comm. Sarmiento

Chairman Melo

Comm. Sarmiento

Exec. Dir. Tolentino, Jr.

Comm. Ferrer

Chairman Melo


Chairman Melo

Comm. Tagle


Chairman Melo

Comm. Ferrer

Comm. Tagle

Chairman Melo

Comm. Sarmiento

Comm. Tagle

Comm. Ferrer

Comm. Yusoph

Comm. Sarmiento

Chairman Melo


Void

'wag mung sasabihing contract ..... the award

The award, to declare the award, Ok

Sir in faimess naman to the BAC, the Srjrntily that they caused tobe procured came from the Allocation Committee, hindi naman

sila mag pa-pa procure Sir ng basta bastang walang basis, so itwas based on the submission of

the Allocation Committee which Ieven think was approved by the En Banc that's why iyun angpinabili nila

No contract

No contract yet in as much as that reso has not been signed ...

Ang sunod naman Sir is iyutrg the conclusion that the price ofthree hundred eighty (380.00) is exorbitant, just like the statement

of Dr. Serrano and Ferdie, there was no statement or study made to

show that this is indeed exorbitant it's just a subjective ....

Ako akala ko three pesos and eighty centavos (Php 3.80) /

Three hundred (300)

Ang sa akin lang Sir is we should not immediately conclude it is

exorbitant without saying na we went to the open market and

looked at a material,

Expensive to be

Too expensive

Or seems to be

Ngayon if I may also add

To declare the award not

void

The award

hereby declared void

contract, the award to OTC Supply

Recall the award

Suspended

To recall the award to OTC Paper Supply

And ...... something .na re-negotiation

Sir at 10:20 Sir Dir Alarkon submitted to my office a transmittal

of the, I mean the offer of OTC Paper nanalo d'yan Sir, becauseif we recall last En Banc meeting, diba sinabi mahal ang presyo so

you ask for price reduction

Oh, that was last Wednesday

it's

the

Chairman Melo

,/a '\

8/4/2019 20100405 PANEL 45



Chairman Melo

Exec. Dir. Tolentino, Jr

Comm. Sarmiento.

Chairman Melo

Mr. Renato Garcia

Exec. Dir. Tolentino, Jr.S

Mr. Garcia

Comm. Sarmiento

Chairman Melo

Comm. Sarmiento

Chairman Melo


Chairrnan Melo


Chairman Melo

Comm. Sarmiento

Comm. Tagle


Comm. Tagle

Exec. Dir. Tolentino, JR.

That was before the Holy Week, so may memo dito si Leah dated

-today transmitting the offer of OTC dated today also ang sinasabi

nila that binigyan sila ng discount of one hunred thirty seven point

seventy four pesos (Php 137 .74) per piece

One hundred thirty seven

Point seventy four per piece which translates to a total discount of

two hundred fifty (250)million

Six hundred eighty nine (689) million

So how much per folder

Mga two fifty po lalabas

Basta't ang binawas Sir one three seven

Mga two fiftypo

We release this resolution

Without prejudice to the contractor, the bidder ano tawag doon

Without prejudice to the supplier

To the supplier making adjustments acceptable adjustments to it'squotation

Sir what can I do with this na?

So, i-re-repoft sa atin ni Leah, then we will consider that later

Ah ok, so formally Sir

But we cannot reconsider that until this comes out

......to recall the award etc. without prejudice to the ..... without

prejudice to the supplier, make acceptable adjustments, nct

unacceptable

Recall award

Tama Recall

Sir ok na ako d'yan sa recalling ang comment lang dito do we

want to state there a conclusion that it is grossly disadvantageous

to govemment kasi Sir nag approve na kayo nito inapprove na tio

Insufficient, lack supporl

As I was saying nga hindi insufficient incomplete support iyan ng

BAC kasi hindi naman sila ang nag compute ng ganoon Sir, it was

given to them by the Allocation Committee and if I am not

mistaken, the quantity was approved also by the En Banc

8/4/2019 20100405 PANEL 45


Comm. Ferrer Jt is not directed to the Banc, to all support staff

Exec. Dir. Tolentino, Jr. Ang sa akin lang Sir is, hindi rin maganda iyung sabihin 'yantapos when they look at all the records tatamaan din kayo Sir

Chairman Melo I . ... before that it may reflect on the Commission,

Exec. Dir. Tolentino- Jr. Yes Sir

Chairman Melo How about putting it that, whereas the Commission after re-

deliberating on this matter finds that the folders are a little bit too

expensive, ano ngalan my point is masyadong class,

Comm. Yusoph The quality

Chairman Melo Masyadong class I did not say expensive ...

Mr. Garcia Extravagant

Exec. Dir. Tolentino. Jr. Unreasonable

Comm. Larrazabal Chair the specifications are over and beyond are over and above

that required

Chairman Melo Required needs and that the specifications and the kind of secrecy

folders are beyond the ordinary needs

Comm. Sarmiento 'di natin na perceived to be exorbitant, wala na ito

Exec. Dir. Tolentino, Jr. Inapprove ninyo iyan eh, babalik at babalik sa inyo 'yan Sir

Comm. Ferer But you .... pointing to the support staff

Chairman Melo We are not afraid of that.... sa akin bad......that's why we denied

it we are recalling them xxx

Comm. Lartazabal Over and above

Chairman Melo Ako I'm not afraid.....that error, that's why we are correcting it

(Other unrelated discussions)

XXX XXX

Exec. Dir. Tolentino, Jr. Sir but still we need a folder just to make,

Chairman Melo We need something to cover it, it can be a piece of paper it can be

banana leaf

Exec. Dir. Tolentino, Jr. Whatever Sir basta we maintain,

(Other unrelated discussions)

XXX XXX

Chairman Melo Oh eto si Dir. Rafanan, you want to ask him anything? Oh, kailan

kapa dumating galing Bangkok?

8/4/2019 20100405 PANEL 45


Dir. Rafanan ........Sir

Chairman Melo During this times I want everybody to be on time sa oftcehinahanap kita 8:30, 9:00 o'clock 10:00 o' clock wala ka pa

Dir. Rafanan Sir I was sent to attend the flag ceremony of Marina, Maritime

Industry Authority

Chairman Melo No more the flag ceremonies pag, wala na munang don't accept

this invitation, invitation,

Dir. Rafanan Sir it came from your office

Chairman Melo Wala na, no more ngayon we cancel the contract for the secrecy

folder, question, what point would the Commission be bound by a

contract, by the award or by the purchase order? Pagaralan mo,

you don't have to answer now, you give us your answer, you

research on that, because if there was an award signed by the

Awards Committee, BAC,

Comm. Sarmiento Bids and Awards

Comm. Yusoph Committee

Chairman Melo But I have not and I did not sign the purchase order, in practice,

no one can deliver, nor a supplier can deliver and we will not use.

until or unless the purchase is signed, di ba?

Dir. Rafanan Sir there was a contract that was signed already

Chairman Melo None

Comm. Sarmiento Na award na

Chairman Melo May award na, may award in pursuance to a resolution, you study

it, oh ano pa, you give me a letter of that ano'ng pangalan noon?

Comm. Sarmiento Arvin Santos

Chairman Melo PPCRV, who gave a copy of that letter?

Dir. RafananWhich letter Sir?

Comm. Sarmiento There was a letter Ferdie signed by Dr. Arvin Santos stating that

the contract was exorbitant

Chairman Melo Overpriced

Comm. Sarmiento Overpriced and on the basis of that letter a memo was issued by

you agreeing with that,

Comm. Yusoph Letter

Comm. Sarmiento Letter of Dr. Santos

Dir. Rafanan He gave it to me Sir in the Office

8/4/2019 20100405 PANEL 45


8/4/2019 20100405 PANEL 45


Comm. Velasco

Comm. Lanazabal

Chairman Melo


Chairman Melo


Chairman Melo


Chairman Melo


Chairman Melo


Chairman Melo

Comm. Sarmiento

Exec. Dir. Tolentino,

Comm. Sarmiento

Chairman Melo

Ten percent of the total cost of the

-saautomation, folder lang ...

Chair kung may magtanong Chair sasabihin natin na that was

already discussed by the En Banc but tahimik ang pag-discuss we

did not come out sa media but that was already discussed na we'llrescind it

You look at the records

Sir actually, GMA sent me a text message last Good Friday, sabi

niya is it true daw iyung statement of Senator Pimentel na ganito,

overpriced i).ung pag-procure and without public bidding so I

responded based on the last discussion last week, sabi ko there is

no overpricing and the procurement was done in accordance with

R.A. 9184 which was the basis naman by the BAC in saying na

under Sec 50 of 9184 we can procure it based on patent etc., etc,

then I stopped there, sabi ko the issue is pending with the En

Banc, it's better if you just wait for whatever resolution that willcome out, Sir in fact because of the instructions given to Lea last

week now the BAC has forwarded to my office it's resolutionsaying nga na why they procured it at that cost, they even

submitted a basis for comparison which was the procurement done

for secrecy folders no, rather other document folder which is

smaller

Last time may recommendation ng BAC doon

recommendation ng BAC doon sa ano,

sa design,

Sir ito na iyon Sir, based on the per instructions given last week,

Ito ba i).ung recommendation nila ?

Yes Sir, iyan na bago na iyan Sir

Hindi iyung nandoon na sa,

Ah no Sir, iyan iyo.g sinabi na kailangang mag negotiate ng

lower price,

Oo

Medyo 'andito na lang Sir, ano gagawin ko dito, submit ittomorrow?

Eh kinansel na natin

Superseded by this resolution iyan Jun iyung resolution na,

Jr. Di ba Sir kanina sabi ninyo there is without prejudice to,

'di na without prejudice ano approving recall lang the award

naalis iyung without prejudice

You get copies of the recommendations of the BAC doon sa

approval ng design and the second memorandum nila for the

award, 'andito na iyon ah

8/4/2019 20100405 PANEL 45



Chairman Melo

Sir I asked Leana lang to bring the entire folder of the,

Sigue

-, .:..-__

\.:*::..- - R-:-..i.--- "-,-i-._ R.;:'- :--;: ---- ------ -f

Or-lce t.ithe Ctirne"ec Secretan

20100405 panel 45

Documents