THE camp of former Cavite governor Ireneo “Ayong” Maliksi has claimed that the Office of the Ombudsman erred when it indicted him for a graft case involving P2.4 million medical kits that was allegedly purchased without public bidding 12 years ago.
In a statement, Maliksi clarified that the procurement law that requires public bidding known as RA 9184 was not yet in effect when the time of actual purchase was made in 2002 because the law took effect only on January 26, 2003.
“At that time, the local government unit is allowed by Executive Order No. 40 to use alternative modes of procurement such as, in this case, negotiated procurement whenever the goods are to be used in connection with a project which cannot be delayed without causing detriment to public service,” he explained.
The statement also noted that the complaint filed by former vice governor and now incumbent Gov. Jonvic Remulla in 2005 was purely politically motivated and was borne out of sheer his desire to wrest the capitol from the former governor.
“At the time this case was filed, Remulla had already filed at least four cases against then Gov. Maliksi, after which he filed at least four more cases before the Ombudsman. Seven out of eight cases were dismissed by the Ombudsman for lack of probable cause” the statement added.
On the allegations that the medical kits were purchased prior to the execution of a Memorandum of Agreement governing its purchase, Maliksi wishes to emphasize that the stipulations in the said agreement do not prohibit the purchase and distribution of medicines before the actual release of the funds.
“What is important is that the purchase of medicine kits was approved by the board of the directors of the agency that provides the fund prior to its actual purchase,” it emphasized.
The statement noted that the sudden revival of the nine– year- old case against Maliksi violates his constitutional right against speedy disposition of cases.