Guerrero ‘escapes’ contempt citation by court
As Manila RTC enjoins parties to “talk first”
BUREAU of Customs (BOC) commissioner, Rey Leonardo Guerrero managed to elude being cited for contempt by the Manila Regional Trial Court this Monday, December 6, 2021, despite twice failing to appear and explain why his agency has still not implemented a computerization program despite a lapse of more than six years.
During the hearing at Branch 47 of the Manila RTC presided by Hon. Judge Paulino Q. Gallegos held in the morning, Guerrero was instead represented by customs lawyer, Marlon Broto.
Broto informed the court the customs chief again cannot make it to the hearing as he was in Congress attending a meeting called by the House Ways and Means Committee.
Guerrero was supposed to be present during a court hearing last November 26, 2021, but failed to attend as he was on official business in South Korea.
Guerrero was expected to answer questions as to why the BOC has not yet implemented a computerization program won by the joint venture of Omniprime Marketing and Intrasoft International in 2015 during a bidding supervised by the Procurement Service of the Department of Budget and Management (PS-DBM).
Guerrero was also to answer why the BOC’ use of the so-called E2M (electronic-to-mobile) computer system should not be stopped; why the BOC is still using the E2M and “deliberately side-stepped” the joint venture’s own program, called the ‘IECPS’ (Integrated Enhanced Customs Processing System);
Why the BOC has allocated a budget “for the support, upgrade and maintenance” of the E2M but none for the implementation of the IECPS;
Why the BOC failed to request for a budget for the IECPS in its 2022 budget and why Guerrero and other customs officials should not be cited for contempt.
Guerrero is also expected to answer why he should not be cited separately for contempt for approving the P96 million budget for E2M “tailor-fit to Web Fontaine” in violation of an earlier court order.
The court also directed the customs chief to bring copies of his 2022 budget presentation before Congress.
In the course of the proceeding, Broto and the representatives from the Office of the Solicitor General (OSG) informed the court that while the joint venture has indeed managed to get a ruling in their favor, this only refers to the “first stage” of the bidding and that the contract itself has not been issued as the project was stopped during the “post qualification” stage of the bidding process.
Broto informed the court further that as the BOC was not the one to actually conduct the bidding but the DBM and that as there was no contract to implement, there is no need for Guerrero to appear and testify before the court at that point.
The court then enjoined all parties to “talk among themselves.”
“Mag-usap na muna kayo, ayusin na muna ninyo bago kayo bumalik dito para mapabilis tayo,” Judge Gallegos said.
Broto also assured the court that he would try to “arrange” a meeting between Guerrero, the petitioners and the DBM.
Omniprime had insisted that the meeting with Guerrero be arranged as soon as possible as the Bicameral Conference Committee of Congress is expected to wrap up its reconciliation of the 2022 national budget.
The company is hoping for Guerrero make a manifestation before the Bicam for a budget insertion in order to jumpstart its IECPS project by the start of next year.
