MENCIAS, PAMAN & ASSOC.

LAW OFFICE
Refindor Bldg. Capitol Site, Estancia, Kalibo, Aklan 5600
(036) 268-3718/ +639338672524 / menciaslaw.1@gmail.com

March 12, 2019

Kalibo, Aklan, Philippines

MA. EVELYN MACAPOBRE, CESO III

REGIONAL DIRECTOR
FIELD OFFICE VI, ILOILO
DEPARTMENT OF SOCIAL WELFARE
AND DEVELOPMENT (DSWD)

Re: Protest to the award of the KALAHI-

CIDSS solar-powered streetlights projects in
Laua-an, Antique in favor of NEOTECH
SOLAR AND I.T. SOLUTION, with Demand to
conduct to investigations involving the
members of BAC for the said projects

Madam:

I am writing in behalf of our client, FELCONTECH TRADING

AND SERVICES, INC., hereinafter “FELCONTECH”. Our office was
informed that despite being declared as the lowest bidder for the
two projects of KALAHI-CIDSS in two barangays in Laua-an,
Antique, FELCONTECH was not awarded with the projects, for no
apparent reason, and without due process.

FELCONTECH intends to elevate its grievance before the

proper Courts of Law and/or before the Office of the President, but
we find it proper to raise the issue first before your good office as
we know you have the authority and power to oversee the acts of
your subordinates and to correct the wrongs being committed
within your jurisdiction.

1
 As a gist, FELCONTECH received no disqualification letter,
nor was it granted a chance to be heard or to make good of its
lacking requirements, if there was any. It was only made to wait for
the result of the bidding, until it learned somewhere that the award
would be granted to the highest bidder, the NEOTECH SOLAR AND
I.T. SOLUTION. Clearly, there was anomaly in the said grant of
award.

The project referred to was designated as “Mitigation of Risks

during Calamities and Improving Access to Basic Services through
Community Managed Installation of Solar Powered Streetlights” of
the KALAHI-CIDSS in Barangay Lugta and Oloc, Laua-an, Antique.
FELCONTECH joined the bidding for the project on December 28,
2018, after it has duly complied with all the documentary
requirements for the bid. With it were two other bidders – RESCUE
LIFE and NEOTECH SOLAR AND I.T. SOLUTION. These three
bidders were previously cleared as eligible to join the bid as the
documents they submitted were declared to have “passed” the
screening.

In both barangays, the opening of bid was conducted in the

presence of KALAHI-CIDSS staff, representatives from the DSWD
Regional Office, community volunteers, the BAC Chairman, BSPMC
and members of the Procurement Team. Of the three bidders,
FELCONTECH had the lowest bid, both in Barangay Lugta and in
Barangay Oloc. Second lowest bidder was RESCUE LIFE, and
NEOTECH was the highest. FELCONTECH was told that they will
be given instructions thereafter.

During the pre-bid which was conducted on December 21,

2018, BAC announced that a Post Qualification evaluation of the

2
lowest bidder will be conducted on December 29, 2018 which was
the day after the bidding. However, FELCONTECH has not heard
anything from either of the two barangays about the bid. Its
representatives initially assumed that there was still an on-going
deliberation.

Surprisingly however, when FELCONTECH’s representative

called up KALAHI-CIDSS Area Coordinator, MR. ADERIANO ETO,
he informed the former that FELCONTECH was disqualified. The
basis of the disqualification was not clear at all. The only thing
FELCONTECH’s representative grasped from what was said was
that, some of their submitted documents had “inconsistent
signatures.” As to which documents referred to, FELCONTECH had
no idea.

The disqualification was not only informal, but also

capricious. For one, FELCONTECH was not properly informed of
the problem in their documents. There was already a prior
declaration that FELCONTECH’s entry has passed the screening
that was why it was permitted to join the bid. The committee
should have at least sent them a formal letter informing them of
the problem, and explaining to them the ground for the
disqualification. Secondly, there was no due process.
FELCONTECH does not even know who exactly determined that
their documents had some problem, what was the procedure
observed in the determination, and which particular documents fell
short of the requirements.

We submit that it was not for the members of the BAC to

declare whether or not the signatures were “inconsistent.” None of
the members was an expert in signatures. It takes someone from
NBI to tell if the signatures were of the same person or not. In fact,

3
one cannot be expected to have identical signatures at all times.
There would always be slight differences in each sign. Besides,
nobody may question the validity of the signatures except the
purporting signatory himself. But EMZTER C. JALBUENA, the
president of FELCONTECH whose signatures appear in the documents
never questioned his signatures therein. We could not grasp how the
“inconsistent signatures” has disqualified FELCONTECH from receiving
the award. There was not even an allegation of forgery or fraud.

It was already after the BAC declared that FELCONTECH was

disqualified that a post-qualification investigation was conducted.
Members of the BAC were obliged to carry out the same since the National
Office of KALAHI-CIDSS so required. But the “investigation” circled upon
the allegation that FELCONTECH paid someone who informed them
about the project bidding.

The same issue was touched during the visit of some

representatives from the Regional Office of DSWD. The area
coordinator, ADERIANO ETO, alleged that a certain ROGER
BENNEJO was allegedly paid by FELCONTECH so that the latter
learned about the bidding. This allegation, though vehemently
denied, is immaterial. In the first place, the bidding is supposed to
be made known to all. It is not meant to be kept only among those
whom BAC wants to be informed. That is exactly the reason why
publication of such biddings is required.

Also, as project of the government, it is mandatory that the

public is given a fair chance to get the project. That is why the
public bidding is mandatory.
The lowest bidder shall be entitled to the project. As such, the
moment FELCONTECH was declared as the lowest bidder, it

4
obtained a vested right over the project and it cannot be taken from
it without just cause and due process of law. This is in consonance
with the Constitutional provision that “No person shall be deprived
of life, liberty, or property without due process of law, nor any
person be denied the equal protection of the laws.”

FELCONTECH therefore prays to your Honorable Office for

the following:

1) That a thorough investigation on its anomalous

“disqualification” be conducted. FELCONTECH demands to
know who made the decision and how the decision was
arrived at;

2) That comparison of the documents submitted by all the

three bidders be made. This is to establish that
FELCONTECH’s documents were not in any way lacking
vis-à-vis those of the other bidders; and

3) That the award of the projects in favor of NEOTECH despite

being the highest bidder be declared null and void.

FELCONTECH also prays that the following persons, being

part of the bidding/screening procedures for the mentioned
projects, be subjected to investigation:

 ADERIANO ETO Area Coordinator, Laua-an,

Antique
 ROSIE S. VERDIN BAC member, Lugta, Laua-an,
Antique
 ARACELI P. GOBOY PT, Lugta, Laua-an, Antique

5
  LUTHGARDA T. LUCES BAC Chairperson, Lugta,
Laua-an, Antique
 BUENCONSEJO V. BSPMC, Lugta, Laua-an,
BAYLON
Antique
 HELEN SARMIENTO BAC Chairperson, Oloc, Laua-
an, Antique
 MARLIA TERESA PT, Oloc, Laua-an, Antique
BALADJAY
 SHIELA MAE SARMIENTO BAC member, Oloc, Laua-an,
Antique
 LOVELYN BAJAR BSPMC, Oloc, Laua-an,
Antique

We are hoping for your immediate response on this matter.

Further, should you find it necessary to set a hearing with us,
please contact us through the contact information provided at the
heading of this letter.

Thank you very much!

Respectfully Yours,

ROWENA MAE N. MENCIAS

(Counsel for FELCONTECH)
Roll No. 62828; PTR No. 6334460,
Kalibo, Aklan, January 4, 2019;
IBP No. 1072173, Kalibo, Aklan,
January 4, 2019; MCLE
Compliance No. V-0015889