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ILOILO CITY, Philippines – Mayor Samuel Gumarin and eight other officials of Buenavista town in Guimaras are facing an administrative complaint before the Office of the Ombudsman over the purchase of a P2.6-million secondhand water tanker.
Implicated alongside Gumarin are Vice Mayor Cyril Beltran; Sangguniang Bayan (SB) members Edgar Gallo, Arthur Cartel Jr., Rubin Magno, Valentine Talabero, Rex Fernandez; Association of Barangay Captains President Rommel Infante; and Sangguniang Kabataan President Dave Van Bartolome.
SB member Vincent Pascal de Asis, who filed the complaint with the Ombudsman in Iloilo City on November 8, questioned the urgency and the transparency of the purchase. He accused the other officials of grave abuse of authority, grave misconduct, and conduct prejudicial to the best interest of the service.
The municipal council on June 28, 2024, authorized Gumarin to procure the heavy equipment through a “negotiated procurement” due to a state of emergency. Six SB members approved the resolution, while De Asis and SB Member Ronnie Ferrer voted against it.
The water tanker arrived in August.
Gallo, the major proponent of the resolution, cited the El Niño-induced drought that left agricultural lands and several households to face water shortage.
In passing the resolution, the SB members stressed that the Government Procurement Reform Act or Republic Act 9184 allows the government to quickly procure goods and services in emergency situations.
Under RA 9184, an emergency procurement can be made when there is an imminent threat to life or property, such as during a natural or man-made calamity. Through this, the government can directly negotiate with a supplier or contractor.
De Asis pointed out that the state weather bureau had declared the start of the rainy season on May 29, 2024, which already nullified the emergency basis for the purchase.
He also emphasized that there was already an existing water tanker truck used during the dry season, which had been personally provided by Gumarin, with fuel expenses sourced from the town’s funds.
“No amount of evidence was presented by the proponent SB Gallo to warrant the purchase of water tanker through a negotiated procurement considering that [there was] no report from the [Municipal Disaster Risk Reduction and Management Office] that [an] emergency existed which was tantamount to imminent danger to life or property or, in cases of calamities or disaster, to prevent loss or damage to life or property,” De Asis said.
During a committee hearing, Gallo confirmed that there were “only verbal and no official reports” from the MDRRMO regarding water shortage.
MDRRMO head Myrna Guillen also insisted on the need to buy a water tanker, claiming that several barangays that need water, despite not submitting an official situation report.
De Asis, through his investigation, argued that only two barangays had requested water delivery, and both were related to fiesta celebrations rather than ongoing emergencies.
“They used their authority in a want only and capriciously excessive and extravagant manner, contrary to law or rule,” said De Asis.
He alleged that the action of the mayor and his fellow councilors was “a flagrant disregard of established rules” that requires proper assessment and documentation to justify emergency procurement. – Rappler.com
Rjay Castor is a community journalist and a reporter for the Iloilo-based newspaper Daily Guardian. He is also an Aries Rufo Journalism Fellow at Rappler for 2024.
