Sandigan junks ex-Cebu BAC member plea

The Sandiganbayan has rejected a motion filed by a former Cebu City Hall official to reinvestigate a graft case linked to a multi-million-peso garbage collection deal, citing a lack of merit in his arguments.

Lyndon Basan, the former vice chairman of the Bids and Awards Committee (BAC), was indicted earlier this year by the Ombudsman on graft charges alongside former Cebu Mayor Michael Rama and four other BAC members.

The charges stem from the awarding of P57.8 million in garbage collection contracts to three companies without competitive public bidding, allegedly violating the Government Procurement Reform Act (RA 9184).

Basan had sought a reinvestigation, arguing the Ombudsman erred in filing the case based solely on the allegation that the BAC failed to comply with procedures for negotiated procurement in emergency cases.

He claimed that if the issue had been raised earlier, he could have presented documents proving compliance with procurement rules and refuting claims of rigged bidding.

Court records show the BAC members resorted to negotiated procurement instead of public bidding due to the urgent need for waste disposal following typhoon "Odette," which struck Cebu in December 2021. The procurement law allows for negotiated procurement in extraordinary circumstances like calamities.

However, the Ombudsman argued that despite the urgency, Rama and the BAC members committed lapses, including failing to exercise due diligence in verifying the contractors’ eligibility, thereby violating the procurement law.

The contracts were awarded to ACM Hauling Services, Jomara Konstruckt Corp., and ARN Central Waste Management, with ACM subsequently securing an additional P12.83 million contract.

The Sandiganbayan ultimately ruled that Basan’s motion was a mere rehash of arguments previously resolved by the Ombudsman and stressed that the Ombudsman possesses the exclusive power to prosecute government officials accused of grave offenses without interference from other branches.