MANILA - An Israeli-financed arms supplier has asked the Ombudsman to impose a preventive suspension against defense undersecretary Antonio Romero II for alleged violation of the Anti-Graft and Corrupt Practices Act.

Talon Security Consulting and Trade Ltd., represented by Roperlynn Cruz, also sought Romero’s dismissal “if found guilty of the charge” of dishonesty, oppression and grave misconduct.

The case stemmed from the Department of National Defense’s stalled acquisition of 40 mm, 60 mm and 81 mm ammunitions, where Talon was initially declared the winning bidder.

The awarding of the P1 billon contract to Talon, however, did not push through after Romero issued a memorandum to Defense Secretary Gilbert Teodoro alleging that the bidding was marred by irregularity.

Based on Romero’s recommendation, Teodoro refused to award the contract and ordered a re-bidding instead.

Talon has earlier asked the Quezon City Regional Trial Court judge to stop the re-bidding the billion-peso contract.

Judge Marie Christine Jacob found merit to the petition to enjoin the DND.

Bidding

In its affidavit, Talon said that a bidding was held on January 5, 2009 for the ammunition supply contract. The Bids and Awards Committee (BAC) declared as ineligible 2 other firms—Dolanan Capital Inc and Dynamit Nobel Balkan.

But shortly after the proceeding, Talon said the disqualified bidders went to Romero’s office where they conferred with him. Romero is defense undersecretary for finance and the Armed Forces’ Modernization Affairs.

After the meeting, Romero issued the memo, citing complaints of alleged irregularities in the bid proceeding.

Romero said that Talon should have been disqualified for submitting allegedly a false document.

But Talon countered that Romero deliberately misread its documents to show that it was ineligible to conduct business in the Philippines.

Talon said Romero’s memo to the defense chief was “misleading, deceptive, malicious and outright false…to the utter damage and prejudice” of the supplier.

Thus, Romero should be prosecuted for “falsification of public documents, delaying the bid process without violation, and violation of Sec. 3(a) RA 3019 for deliberate falsehood” that prompted Teodoro to cancel the bid award without any valid reason, Talon said.

Influence

In seeking his preventive suspension, Talon said Romero “by the very nature of his position and functions, wields considerable influence with the DND.

“By allowing him to stay in his current capacity, he could influence or prejudice the case against him,” Talon said.

Sources from the industry told abs-cbnnews.com/Newsbreak that the DND might be mulling to enter into a negotiated government-to-government contract with South Korea for the questioned ammunition contracts.

South Korea has been a favored country of the Philippines in ammunitions deals.