Ex-Quezon City Mayor Herbert Bautista is facing a complaint of violation of the Anti-Graft and Corrupt Practices Act or Republic Act 3019 before the Office of the Ombudsman in connection with the supply and installation of a solar power system and waterproofing works for a building facility within the city hall premises.
Carlo Lopez Austria, an attorney of the City Legal Department, also implicated ex-city administrator Aldrin Cuña and ex-city engineer Joselito Cabungcal.
On June 14, 2019, Bautista issued a notice of award to Cygnet Energy and Power Asia Inc. as the winning bidder with a bid of P27,621,100.
On June 19, 2019, Bautista signed a supply and delivery agreement.
An integrated net metering system was mandated for the project, and that 50 percent of the project cost would be released upon delivery and installation would be released upon delivery and installation, and the last 50 percent “upon testing, commissioning, training, technology transfer for power system and final acceptance of the project,” the complaint read.
On June 27, 2019, Bautista issued a disbursement voucher of P25,342,359.25 to Cygnet, including the reduction of applicable taxes and charges.
In a Jan. 8 letter, the Manila Electric Co. communicated with the Office of the City Administrator offering to process the net metering application of the solar photvoltaic system atop the Civic Building F.
“The letter signifies the no net metering system was actually installed and applied for the project,” it read.
“From the foregoing provisions, it is clear that respondent Bautista could not have validly entered into the subject contract. First, there was no prior authorization or subsequent ratification from the Sangguniang Panlungsod (City Council) regarding the project. Upon inquiry by the city’s Internal Audit Service, the Office of the Secretary of the Sangguniang Panlungsod, in its communication dated 3 February 2020 and attached herewith as Annex K, stated that there were no legislative measures or records in relation to the project,” the legal department read.
The city government claimed “there was no complete delivery.”
“For causing under injury to the city in giving unwarranted benefit, advantage and preference to Cygnet by unlawfully releasing the amount of P25,342,359.25 through manifest partiality, evident bad faith, or gross inexcusable negligence, the following persons, in conspiracy with one another, are guilty of violating the Anti-Graft and Corrupt Practices Act,” the complaint further stated.