THE Office of the Ombudsman has recommended the filing of criminal charges against former Philippine National Police (PNP) chief Avelino Razon and 22 police officers in connection with
the P410-million light armored vans scam.

However, the Ombudsman downgraded the charges from plunder to graft.

In a 108-page resolution, Ombudsman Conchita Carpio-Morales ordered the filing of four counts of graft, violations of the Government Procurement Reform Act and malversation against Razon, Geary Barias and Eliseo dela Paz, former directors for comptrollership of the main police body.

Also to be indicted are Logistics Supports Services (LSS)—Bids and Awards Committee members Teodorido Lapuz 4th, Emmanuel Ojeda, Reuel Leverne Labrado, Annalee Forro, Edgar Paatan, Henry Duque and Victor Puddao.

The other respondents will include Josefina Dumanew, purchasing officer; Antonio Retrato, chief of accounting division; Warlito Tubon, inspection officer; Alex Barameda, property inspector; Eulito Fuentes, supply accountable officer; Rainier Espina, acting chief of the PNP Management Division; Alfredo Lavina, responsible supply police non-commissioned officer of the LSS; Victor Agarcio, chief of the LSS; and non-uniformed personnel Patricia Enaje, Property Inspector, as well as private individuals Oscar Madamba, Harold Ong, Tyrone Ong, Pamela Pensotes, Evangeline Bais and Artemio Zuniga.

The case stemmed from the repair and maintenance of 18 V-150 light-armored vehicles.

The fact-finding Investigation bureau of the Ombudsman found that on August 14, 2007, then police chief Oscar Calderon sought the repair and refurbishing of 10 V-150 vehicles under the PNP Special Action Force’s SAF capacity build-up program for P275.37 million.

However, when Razon took over the highest National Police post in 2008, he requested for a supplemental budget for the repair and refurbishing of 18 more LAVs.

The anti-graft body found irregularities in the conduct of the bidding process, awarding of contracts and use of funds for the repair of the 28 vehicles.

The investigating panel said that Razon and the other officers “circumvented the provisions of [the Government Procurement Reform Act] to take private firms Serpenair, Enviro-Aire, Evans, RJP, Dex-Lan and RKGK Enterprises as the direct suppliers.”

It added that the four companies were given unwarranted benefits, undue advantage or preference because they won the contracts despite non-compliance with the law. They were also paid without actual delivery of goods and services at the time of payment.

The Ombudsman said that the irregular transactions cost the government P409.74 million.

The investigating panel initially recommended the filing of a plunder complaint against Razon and the other police officers but Morales downgraded it to graft for lack of probable cause. She said that there was no evidence that the respondents amassed wealth for their personal advantage.

In July, the Ombudsman ordered the Military and Other Law Enforcement Offices, a division under the Ombudsman, to start the investigation of Razon’s case.

In ordering the investigation, Morales ruled that there was “enough evidence” to file criminal and administrative charges against the police officers.

The Ombudsman fact-finding body claimed that there was “ghost delivery” of engines and transmissions and that there were no records to prove that the engines and parts were replaced.

The anti-graft agency also noted irregularities in the entire procurement process, such as lack of bidding documents, pre-procurement conference, pre-bid conference and post qualification.