“Will the Malabed family get the proper compensation for the untimely demise of the police colonel in the line of duty?”
In May last year, we wrote about the fervent plea of the family of the late Police Col. Pergentino Malabed Jr., chief of the PNP Supply Management Division, who was among those killed in the mid-air collision of a passenger plane and a military helicopter over Washington D.C.’s Potomac river on Jan. 29, 2025.
The family had wanted the Philippine National Police to compel the India-based supplier of bulletproof vests to honor the contract provision of travel and health insurance to their deceased kin.
In response to the family’s plea, the Acting PNP Chief then, Police Lt. Gen. Jose Melencio C. Nartatez Jr. signed on Sept. 12, 2025 a blacklist order against SMPP Limited effective until Sept. 12, 2026.
SMPP Limited holds office in New Delhi, India. It was contracted by the PNP for the supply and delivery of 2,675 Units of All-Purpose Vest (Waistcoat Vest) under Public Bidding No. PNP-GAA24PB-24-09G with contract price of P83,781,000.
But the company failed to comply with the terms of the contract and its representative, Mr. Sinchan Sinha, was suspended and disqualified from participating in all government procurements for one year.
In his blacklist order in Sept. 2025, then Acting PNP Chief Nartatez cited the SMPP Limited for its “failure…to faithfully comply with its contractual obligations without valid cause, or failure by the contractor to comply with any written lawful instruction of the procuring entity or its representative(s), pursuant to the implementation of the contract.”
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 Colonel Moises Villaceran Jr. in Washington D.C.
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.
The PNP said then 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.”
Malabed’s family asked 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) had refused to acknowledge its responsibility as per the terms of the contract.
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 Malabed 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 departure of Col. Malabed and his team from the Philippines and their return to the country.
“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 pointed out.
PNP Chief Gen. Nartatez had vowed to act on this case with a blacklist order against SMPP Limited that’s due to expire in September this year.
The question now is: Will the Malabed family get the proper compensation for the untimely demise of the police colonel in the line of duty? We really hope so. (Email: ernhil@yahoo.com)
