For lack of evidence to support the contention of complainant that a bidding was rigged, the Ombudsman Visayas cleared from graft charges a former mayor, his wife and a barangay chairman of his town. Graft investigator Alfred Yann G. Oguis, dismissed the graft complaints filed against former Baclayon mayor Benecio Uy, his wife Elena Kudemus-Uy and former Barangay Libertad chairman Dioscoro Pag-ong after finding no probable cause to indict respondents. Complainant Rufina Serondo alleged there was irregularity in the purchase of construction materials for the barangay hall worth P309,194.00 since the supplier BE & H is a store owned by respondent-spouses Mayor Benecio Uy and wife Elena.

Serondo in her complaint asserted that Mayor Uy and his wife cornered the supplies and materials for the construction of the barangay hall through cooperation and active participation of the barangay chairman Pag-ong who caused the preparation of the program of work and the issuance of check as payment. Conflict of interest was also cited by complainant considering that supplier is the mayor of Baclayon at that time. Respondent mayor and his wife said the complaint has no basis in law and in fact since decision for the project was exclusively done by the barangay officials such that the canvassing of prices and the purchase were all exclusively done by the barangay officials. Wife of the mayor said that the only participation of her store was when the Certificate of Canvass was presented to her and she did not personally attended to the transaction. He added that there was never any malicious intent to corner the deliveries and the prices quoted were legitimate and in consonance with law.

Barangay chairman Pag-ong averred that all he did was to order his subordinates to make sure all bidding processes be strictly followed and there was no intention to have all deliveries of building materials exclusively by BE & H. The mayor’s business entity also had the lowest quoted bid price so the barangay had no choice but to make purchases from them, Pag-ong added. In support to their answer, respondents submitted a Joint-Affidavit of the Bids, Awards Committee stating that they were trained and taught as to their responsibilities as BAC members. All mandatory requirements were strictly complied in the purchase of the materials pursuant to the guidelines and rules of the procurement law in R.A. 9184. As to the unfinished barangay hall, respondents said the project was implemented by phase. Respondent mayor Uy, being no longer mayor and Pag-ong no longer barangay chairman cannot be charged administratively. The Ombudsman in its findings said, the allegations in the complaint, unsupported by evidence, has not overcome the presumption of regularity in the conduct of official business.