The Office of the Ombudsman has ordered the filing of graft and falsification charges against ex-Education Secretary Leonor Briones and former Budget Undersecretary Christopher Lao in connection with the P2.4 billion worth of laptops purchased in Department of Education (DepEd) in 2020, which were deemed overpriced by the Commission on Audit (COA).
The computers, costing at P58, 300 each with an outdated Celeron processor, were bought for the implementation of distance learning curriculum amid the COVID-19 pandemic.
The Ombudsman also recommended the filing of charges against several former DepEd and DBM officials involved in the questioned transaction.
“The new bidding parameters, i.e. lower quantity and higher unit price, were reflected in the bidding documents and were used in the bidding process… These parameters facilitated the overprice and the consequent undue injury and gross disadvantage to the government,” the Ombudsman said.
The anti-graft prosecutor also said the approved series of requests for extensions to deliver the laptops, requests to change payment terms, and other adjustments to the contract terms and conditions when, taken together, “betray an unusually deferential treatment and favor towards the joint venture consortium.”
“Considering the complexity of the scheme and the individual participation of respondents as contributory to the carrying out and perpetuation of a common design to give unwarranted benefit to the Joint Venture and to cause undue injury to the government, a finding of probable cause for the prosecution of respondents under Section 3(e) of RA 3019 suffices since violation of Section 3 (a) and (g) of RA 3019 are already deemed subsumed therein,” the Ombudsman resolution stated.
In its annual audit report on the agency for 2021, the COA flagged DepEd for purchasing the P2.4 billion worth of laptops through the procurement service of the Department of Budget and Management (DBM-PS) although there were “cheaper and better” options in the market.
“Per available documents, the Audit Team could not ascertain the DBM-PS’ basis for adopting the unit price of P58,300. Apparently, the supposed number of laptops to be procured of 68,500 units was significantly reduced to 39,583 units which was mainly due to the huge increase of estimated cost P35,046 to P58,300 anchored on the DBM-PS’ recommendation, which was duly accepted by the DepEd,” COA pointed out.
“The price per unit is pricey for an entry-level type of laptop which resulted in significant decrease in the number of units provided to intended users. The huge difference of P23,253 per unit price resulted in a significant decrease by 28,917 laptop computers. Consequently, an estimated 28,917 teachers were deprived of the possible benefits from the supposed provision of these laptops,” COA added.
Editor’s Note: This is an updated article. Originally posted with the headline: “Ombudsman orders graft charges vs. ex-DepEd chief Briones over ‘overpriced’ laptops”
