No need to probe Calida security agency’s gov’t contracts: DOJ

“I’m sure that the SolGen (Calida) can explain his statement from the viewpoint of the DOJ, what is important is that all procurement laws, rules and regulations were observed when it entered into these contracts,” Guevarra said in text message sent to Philippine News Agency (PNA) when sought for a comment. (Photo: TOTO LOZANO/PRESIDENTIAL PHOTO)

MANILA — Justice Secretary Menardo Guevarra on Tuesday said there is no need to probe Solicitor General Jose Calida over the deals between his family’s security company and some government agencies since these underwent the required procurement process.

“I’m sure that the SolGen (Calida) can explain his statement from the viewpoint of the DOJ, what is important is that all procurement laws, rules and regulations were observed when it entered into these contracts,” Guevarra said in text message sent to Philippine News Agency (PNA) when sought for a comment.

“In the future, however, DOJ should exercise more circumspection,” he added.

Of the 10 government contracts bagged by the Vigilant Investigative and Security Agency, Inc.’s (VISAI), owned by Calida’s family, two of these, worth PHP12.4 million, were with the Justice department.

The DOJ entered the contract with VISAI under former Secretary Vitaliano Aguirre II.

Asked if the VISAI contracts with DOJ complied with the law and if there is internal inquiry into the contracts underway, Guevarra answered: “I still have to verify that, for now, I can only presume regularity in the performance of official duty. Not unless there’s a challenge to the validity of the contracts, there is no need for us to investigate.

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At the same time, Guevarra said for now, he is presuming that all the contracts were validly entered until proven otherwise.

“It’s a private security agency, not the OSG or the SolGen, who entered into the contracts with the DOJ. For now let’s presume that the contracts were validly entered into, unless it could be shown that procurement laws were violated,” Guevarra said.

Calida has earlier denied any wrongdoing in the charges filed against him before the Office of the Ombudsman in connection with the multi-million peso contracts bagged by his security agency with several government agencies since 2016.

The top government counsel said he did not violate the law, specifically Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees cited by complainant Jocelyn Nisperos, in filing the complaint due to the contracts of VISAI.

Calida said he already resigned as VISAI chairman and president on May 30, 2016, or before assuming as Solicitor General in July of the same year.

According to a general information sheet on VISAI as of September 2016, Calida owned 60 percent of the firm, while his wife and three children owned 10 percent each.

Calida took his oath as chief of the Office of the Solicitor General (OSG) on June 30, 2016, along with other Cabinet members appointed by President Rodrigo Duterte.

Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees, says in Section 9 that in the event of a conflict of interest, a government official or employee “shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption.”

Calida’s office said the OSG was “not the approving authority” for the said deals, which it said were won through public bidding and in accordance with law.

Reiterating the “no conflict of interest” line, the statement from Calida’s office slammed allegations of conflict of interest as “totally baseless and concocted.”

It also said the notion that VISAI earned PHP150 million from its contracts was “misleading,” since the “bulk” of the contract price, it claimed, went to salaries and benefits of guards deployed, mandatory contributions to the Social Security System, PhilHealth, and Pag-IBIG, and administration costs.

“Clearly, after all of these are settled, only a small percentage is left as agency fee,” the statement said.

On Monday, Malacanang said Calida’s enemies are getting back at him for winning his quo warranto petition which led to the ouster of Maria Lourdes Sereno as Chief Justice last May 11.

“Alam niyo naman kung bakit lumalabas yung mga pula na yan kay SolGen Calida. Nanalo kasi siya doon sa quo warranto petition niya. Binabawian siya ng mga kalaban niya. Yung mga nasaktan doon sa ruling na quo warranto (You know why these criticisms against SolGen Calida are coming out. It’s because he won his quo warranto petition. His enemies are trying to get back at him. Those who were affected by the ruling),” Presidential spokesperson Harry Roque said in a Palace briefing.

Roque pointed out that Calida has acknowledged that he has stock ownership but he’s not exercising any management powers in the company. However, the shares of which are still owned by his family.

Moreover, Roque said Calida has resigned from all of his corporate posts before he became Solicitor General.