FORMER Abra Gov. Eustaquio P. Bersamin has been dropped by the Commission on Audit (COA) from the list of persons held liable in connection with the P34.78 million disallowed procurement of medicines, medical supplies, and laboratory equipment by the provincial government in 2009.
In a decision signed in 2022 but released only yesterday, the COA Commission Proper sustained Bersamin’s stand that his approval of the Bids and Awards Committee (BAC) recommendations to award the contract to a supplier, as well as the release of payment, was done in good faith.
The governor, who served three full terms from 2007 to 2016, argued that as head of the procurement entity (HOPE), he was entitled to rely on the expertise and recommendations of his subordinates in the regular performance of his official duties.
“With respect to Gov. Bersamin’s allegation that he relied in good faith on the acts of his subordinates, this Commission is convinced that he should not be held liable. From the available records, there is no proof that Gov. Bersamin acted in bad faith or malice,” the COA CP declared.
However, the COA held that the other local government officials identified in the notices of disallowance remain liable, including provincial health office team leader Godofredo Gasa, BAC chairman Wilfredo Oliveros, provincial budget officer Anacleto Buenafe, and BAC members Cris Albolote, Paterno Bernal, and Leonilo Nolasco.
Likewise held liable were suppliers Megawealth Distributor Corp., United Diagnostics Supply, L-Zay Medical Enterprises, Surgico Phils, Inc., Saviour Medevices Inc., and Jelly MacMace Trading Co. Ltd.
State auditors issued the notice of disallowance based on lack of public bidding as required under RA 9184 or the Government Procurement Reform Act, splitting of contracts to ensure the procurement costs stay below the threshold that requires public bidding, and exceeding the ceiling for procurement by shopping.
The COA noted that the grounds that would have rendered the transactions exempt from public bidding were not present as there was no imminent danger to life or property during a state of calamity, no necessity for immediate action to prevent damage or loss of life, and no vital public service, infrastructure, or public utility needed prompt restoration.
“There was no existing emergency situation or a single incident at that time that would necessitate the purchase of these medicines, medical supplies and laboratory equipment through emergency procurement. There was no state of calamity at any of these dates of purchase,” the audit team pointed out.
Despite affirming the disallowance, the COA said it found no basis to require parties held liable to refund the procurement sum since the purchased items and equipment were delivered and used.
