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MOP, Bk 6, v.5, 175

[ ADMINISTRATIVE ORDER NO. 149, March 06, 1951 ]


This is an administrative case against Mr. Jose Elayda, city treasurer of Zamboanga, for alleged irregularities committed by him in connection with the acquisition of supplies and materials.

It appears that in violation of existing regulations respondent purchased as of June 30, 1950, office supplies and materials at exorbitant prices and much in excess of the requirements of the service for six months from traveling merchants without any public bidding.

In acquiring and carrying in stock supplies and mate-trials in excess of the needs of the service for six months, respondent advances among other reasons, the fact that the Bureau of Printing could hot fill on time his orders therefor. The instructions on the matter being sufficiently clear, respondent should have consulted the Department Head before making such purchases. I am not, therefore, prepared to accept his explanation as satisfactory. Respondent’s explanation for dispensing with public bidding is also far from satisfactory. The mere fact and local dealers had no supplies in stock or, if they had, the f prices thereof were higher than those offered by traveling merchants, furnishes no valid excuse for disregarding existing regulations requiring public bidding. At any rate, he should have purchased, if he had to, only such quantities as would last until he received a supply from the Bureau of Printing, or for six months at most.

Equally unsatisfactory is his explanation that the prices paid for the articles were based on those fixed by the Procurement Office and were commensurate with, the high quality of workmanship and materials used in the manufacture or printing of the articles or forms involved. The great bulk of the purchases made by respondent consisted of printed forms which conformably to standing instructions, should have been acquired from the Bureau of Printing. Had he done so, the city would have paid much lower prices for the same. Furthermore, he should have obtained the required approval of the Department of Finance before placing the orders for printed forms with private dealers or printers.

The foregoing shows respondent to have been remiss in the performance of his functions, as a consequence of which the City of Zamboanga acquired excessive supplies and materials at unreasonably high prices, resulting in tremendous losses thereto.

Wherefore, respondent Jose Elayda is hereby suspended from office as city treasurer of Zamboanga without pay for two months. He is also admonished to be more careful in the future in the discharge of his duties, as repetition of similar irregularity will be dealt with more severely.

Done in the City of Manila, this 6th day of March, in the year of Our Lord, nineteen hundred and fifty-one, and of the Independence of the Philippines, the fifth.

President of the Philippines

By the President:

Executive Secretary
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