“We hope the family can get the proper compensation for the untimely demise of the police colonel in the line of duty”
THE family of a Philippine National Police official who was among those killed in the mid-air collision of a passenger plane and a military helicopter over Washington DC’s Potomac river on Jan. 29 this year wants to compel the India-based supplier of bulletproof vests to honor the contract provision of travel and health insurance to their deceased kin.
Police Col. Pergentino Malabed Jr., chief of the PNP Supply Management Division, was among the passengers of the American Airlines flight that collided with the Black Hawk helicopter near the Reagan National Airport.
Malabed, 51, a member of the Philippine National Police Academy Class of 1998, was on official travel along with a police non-commissioned officer and a non-uniformed personnel.
They had obtained a foreign travel authority to go to India to inspect 2,675 armored vests the PNP wanted to purchase. Out of the 2,675, they tested six, one of which they left in India and the five others they brought to the Kansas-based American manufacturer for final testing.
From Kansas, Malabed was supposed to travel and pay a courtesy call on Police Attache Col. Moises Villaceran Jr. in Washington DC.
American Airlines 5342 was preparing to land at the airport when the collision happened. Malabed was identified as among the casualties based on documents, such as the flight manifest and his passport.
US authorities have yet to conclude their investigation of the collision involving American Airlines Flight 5342 and the US Army helicopter.
The PNP said it would provide Malabed’s family with all the necessary support after his untimely passing. Camp Crame said Malabed’s passing was a profound loss to the institution, where “he served with honor, integrity and dedication throughout his career.”
But more than three months after Malabed’s passing, his family is now asking Interior Secretary Jonvic C. Remulla and Atty. Brigido J. Dulay, Inspector General of the PNP Internal Affairs Service, to assist them in filing a case against the supplier of the armored vests, SMPP Private Limited (India), to compel the firm to pay the travel and health insurance of the members of the pre-delivery inspection team.
This is based on Section VI-Schedule of Requirement of the Bid Document signed by the contracting parties.
The Malabed family pointed out that while many PNP suppliers follow the requirement to provide travel and health insurance to PNP officers tasked to make pre-delivery inspection as part of their contract obligation, SMPP Private Limited (India) has refused to acknowledge its responsibility as per the terms of the contract.
They are now asking the DILG and the PNP to look into the matter as they consider this a violation of the terms of the contract with the India-based company.
The contract between the PNP and SMPP clearly provides: “All incidental expenses related to and in connection with the conduct of the Pre-Delivery Inspection are included in the determination of the Approved Budget for the Contract. Testing fee, airfare, travel and health insurance and board and lodging shall be at the expense of the supplier.”
The Indian supplier, the family said in their petition, should be dealt with accordingly for violating the terms of the signed contract. The travel insurance period should have covered the period from the departure of Col. Malabed and company from the Philippines and their return to the country.
The Malabed family wants the DILG and PNP-IAS to impose on SMPP Private Limited the appropriate sanctions for their violation of the terms of the contract for the purchase of the bulletproof vests for the PNP.
They want the Indian firm to be blacklisted from one to two years, and even for the Philippine government to cancel the contract based on the terms of the Government Procurement Law.
“It is important to follow the obligations stipulated in the contract to maintain its integrity so that other suppliers will not follow suit. We should not remain silent and simply accept any of the terms of the contract that do not follow the law,” they said in their petition.
We fully agree, and hope the family can get the proper compensation for the untimely demise of the police colonel in the line of duty. (Email: ernhil@yahoo.com)