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The commission approves the petition as the procurement of medicine was for emergency purposes, which falls under an exception under RA 9184
MANILA, Philippines – A supplier’s P14.48-million claim for unpaid deliveries made 10 years ago against the Armed Forces of the Philippines Health Service Command (AFPHSC) has been granted by the Commission on Audit (COA)
The claim stemmed from a petition filed by Mailig Drug and General Merchandize on March 5, 2020—action that arose from supposed payments from the AFP that never came for hospital supplies and medicine delivered from February to October 2014.
The petitioner, businesswoman Angelina Mailig, was able to furnish the commission with copies of the sales invoice, official receipts, certificates of delivery, certificates of acceptance, medicine requests/prescriptions, and certificate of non-payment.
These documents were validated by the AFPHSC Command Inspector General, who attested to the documents’ authenticity, that the proper emergency purchase orders were followed, that the medicine was used to treat the patients, and that the hospital supplies were successfully delivered.
While the audit team leader said the arrangement was made through a process of negotiated procurement without justification as to necessity, the COA En Banc approved the petition even without a written contract due to the immediate need of the patients.
“It is undisputed that the medicines and the medical supplies were actually delivered and utilized by the patients. These items were needed by the patients and they were unavailable at the AFP Pharmacy Service at the time of delivery,” the commission said.
Since the medicines were purchased for emergency purposes, the transaction falls under an exception under the Government Procurement Reform Act or RA 9184.
“Since the lives of the patients are at stake, the essence of Section 53.2 of the Revised Implementing Rules and Regulations of RA No. 9184 on purchase was complied with,” the COA said. – Rappler.com
