PSUPT. JOB F. MARASIGAN, VS. OFFICE OF THE DEPUTY OMBUDSMAN FOR THE MILITARY AND OTHER LAW ENFORCEMENT OFFICES AND HON. CONCHITA CARPIO-MORALES, IN HER CAPACITY AS OMBUDSMAN, AND HON. MEL SENEN S. SARMIENTO, IN HIS CAPACITY AS SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT.

Ruling

Accordingly, the PNP MG created its own Bids and Awards Committee (PNP MG BAC) which included Police Senior Superintendent (PSSUPT) Cornelio Salinas, Police Superintendent (PSUPT) Nepomuceno Corpus, Jr., and PSSUPT Michael Amos Filart (PSSUPT Salinas et al.). [5] However, the PNP MG failed to create its own IAC. Neither did the NHQ BAC issue any resolution or authorization for the inspection of the items to be procured by the PNP MG as the end user of coastal crafts. [6] Meantime, in September and October 2009, tropical storms Ondoy and Pepeng devastated the country and led to the declaration of a state of national calamity. In November 2009, strong tropical cyclones Quedan, Ramil, Santi, Tino, Urduja, and Vinta came in the wake of Ondoy and Pepeng. [7] On November 27, 2009, the PNP MG BAC and its observers held a conference attended by two bidders: Four Petals Trading (Four Petals) and business partners Dante Samandan and Antonio Martines. However, Samandan and Martines were disqualified because their company was not registered and had no personality to participate. Thus, Four Petals became the sole participant. Considering that there were no existing specifications for coastal crafts yet, the PNP MG BAC used the particulars for motorized bancas under NAPOLCOM Resolution No. 2005-064. [8] Thereafter, the PNP MG BAC found Four Petals qualified based on the following documentary requirements: (1) registration with the Department of Trade and Industry; (2) verified information sheet dated January 26, 2009; (3) verified letter of its proprietress, Ma. Pacita H. Umali; (4) certification of its personnel; (5) location map of its office address; (6) Parañaque City business permits for the years 2009 and 2010; (7) certificate of registration with the Bureau of Internal Revenue (BIR); (8) BIR tax clearance for 2008 and 2010; (9) certificate of registration dated August 12, 2009 issued by the Procurement Service of the Department of Budget and Management; (10) license to engage in afloat ship repair dated April 4, 2007 issued by the Maritime Industry Authority and (11) various certificates of good standing issued by the PNP MG, PNP Traffic Management Group, PNP Office of the Legal Service, and PNP Police Community Relations Group. [9] Cognizant of the widespread and massive damage brought about by Ondoy and Pepeng, and given the announcement from the Department of National Defense (DND) and the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) that more typhoons were still to be expected, the PNP MG BAC issued undated Resolution No. 2009-10 [10] recommending the emergency purchase of the coastal crafts and awarding the negotiated contract to Four Petals: WHEREAS, inasmuch as there is a need to address immediately the problem of proper equipage, this Group recommends the emergency purchase of sixteen (16) Police Coastal Crafts . . . . . WHEREAS, the meeting [on November 27, 2009] started at 11:15 a.m. and the [PNP MG BAC