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8/4/2019 20100405 PANEL 45
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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/
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Comm. Sarmiento
Chairman Melo
Comm. Sarmiento
Exec. Dir. Tolentino, Jr.
Comm. Ferrer
Chairman Melo
Exec. Dir. Tolentino, Jr.
Chairman Melo
Comm. Tagle
Exec. Dir. Tolentino, Jr.
Chairman Melo
Comm. Ferrer
Comm. Tagle
Chairman Melo
Comm. Sarmiento
Comm. Tagle
Comm. Ferrer
Comm. Yusoph
Comm. Sarmiento
Chairman Melo
Exec. Dir. Tolentino, Jr.
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 '\
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Exec. Dir. Tolentino, Jr.
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
Exec. Dir. Tolentino, Jr.
Chairrnan Melo
Exec. Dir. Tolentino, Jr.
Chairman Melo
Comm. Sarmiento
Comm. Tagle
Exec. Dir. Tolentino, Jr.
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
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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?
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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
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Comm. Velasco
Comm. Lanazabal
Chairman Melo
Exec. Dir. Tolentino, Jr.
Chairman Melo
Exec. Dir. Tolentino, Jr.
Chairman Melo
Exec. Dir. Tolentino, Jr.
Chairman Melo
Exec. Dir. Tolentino, Jr.
Chairman Melo
Exec. Dir. Tolentino, Jr.
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
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Exec. Dir. Tolentino, Jr.
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