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Calida's security agency: What the law says on conflict of interest

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RG Cruz, ABS-CBN News

<figure class="op-interactive"><div id="IVS_ABS_Body_Video_1_Container"> <ivs-player id="IVS_ABS_Body_Video_1" data-ivs-spid="3001339" data-ivs-key="e8c22c015ca9eafa76f1e3edfa03c603" data-ivs-vid="1432572" data-ivs-floating="1"></ivs-player> <script src="https://player.ivideosmart.com/ivsplayer/v4/dist/js/iframe-parent.js"></script> <script src="https://player.ivideosmart.com/ivsplayer/v4/dist/js/loader.js"></script> </div></figure><div class="iwantbar">Watch more in <a href="~//www.iwantv.com.ph/">iWantv</a> or <a href="~//tfc.tv/">TFC.tv</a></div>MANILA - Solicitor General Jose Calida should have avoided any potential conflict of interest even if the law does not seem clear regarding his private security agency&#x27;s deals with government, a former lawmaker said Friday.Lawyer and former Bayan Muna Partylist Rep. Neri Colmenares said the Code of Conduct and Ethical Standards for Public Officials gives a public official or employee a choice to resign or divest from any business interest if it has any conflict of interest with his or her work in government. “A public official may divest and or resign from the corporation. Hindi clear ang claim ni SolGen Calida diyan eh, or iyan alternative pero pag ma-prove iyung conflict of interest, divestment ang required ng law,&quot; he said.This is exactly what Calida’s office said in a statement over the weekend.Office of the Solicitor General spokesman Atty. Hector Calilung said Calida has already resigned as chairman and president of Vigilant Investigative and Security Agency Inc. (VISAI) on May 30, 2016 before assuming office.<ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/news/05/26/18/no-conflict-of-interest-in-government-deal-with-calida-security-firm-osg">‘No conflict of interest’ in government deal with Calida security firm: OSG</a></li></ul>&quot;Clearly then, SolGen Calida complied with Section 9 of RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) when he resigned as chairman and president of Vigilant before he assumed office as solicitor general. His interest in Vigilant was stated in his SALN when he assumed office,&quot; Calilung said.Latest information analyzed by ABS-CBN Investigative and Research Group showed that Calida’s VISAI bagged 14 government contracts worth P270 million from January 2016 to March 2018, according to Philippine Government Electronic Procurement System (PhilGeps) data as of March 2018.However, three of these contracts were not consummated.<div>The government contracts of VISAI are as follows:</div>- A contract with the Procurement Service—the biggest contract—worth P68.71 million. However, the status of the project was tagged as “closed” and the contract’s notice to proceed date as “NULL” in PhilGeps. - A contract with the Philippine Amusement and Gaming Corporation (PAGCOR) for guard services worth P43.9 million, which was awarded on Dec. 20, 2016 with an effectivity of 3 years. - A contract with the House of Representatives for security systems services worth P42.46 million, which was awarded on Jan. 18, 2017 with an effectivity of 1 year. - A contract with the National Parks Development Committee (NPDC) for security guard services worth P29.24 million, awarded on Jan. 29, 2018 with an effectivity of 11 months. - A contract with the PAGCOR for security guard services worth P23.88 million, awarded on Mar. 7, 2017 with an effectivity of 3 years. - A contract with the PAGCOR for security guard services worth P15.22 million, awarded on Sep. 14, 2016 with an effectivity of 11 months. - A contract with NPDC for security guard services worth P10.37 million, awarded on June 28, 2017 with an effectivity of 6 months. - A contract with the National Economic and Development Authority (NEDA) for security guard services worth P6.88 million, awarded on Aug. 13, 2016 with an effectivity of 1 year. - A contract with the Department of Justice (DOJ) for national defense and public order and security and safety services worth P6.76 million, awarded on Dec. 28, 2017. The contract’s notice to proceed date was tagged as “NULL.” - A contract with the National Electrification Administration for security and personal safety worth P5.97 million, awarded on Sep. 23, 2016 with an effectivity of 11 months. - A contract with PAGCOR for securities and commodities worth P5.83 million, awarded on July 19, 2017 with an effectivity of 1 year. - A contract with the DOJ worth P5.68 million, awarded on Jan. 19, 2017. The contract’s notice to proceed date was tagged as “NULL.” - A contract with the National Anti-Poverty Commission worth P2.87 million, awarded on Aug. 25, 2016 with an effectivity of 1 year. - A contract with the Philippine International Trading Corp. for industrial cleaning services worth P2.19 million, awarded on Sep. 20, 2016 with an effectivity of 1 year.Colmenares, however, argued that Calida, as solicitor general, has to be able to represent the government in all cases if required. That includes cases that could arise between the government and Calida’s own company.“Wala ba conflict of interest na pwede ba kasuhan mo ang korporasyon na pinagmamay-arian mo? The SolGen is required his opinions sa gobyerno, sa mga GOCC, mga departamento on guidelines sa procurement sa contract. Hindi ba conflict of interest yun, ang SolGen is supposed to represent the government on any court proceeding or legal issues involving among others contracts civil cases,&quot; he said.“Dapat tignan talaga yan kung may conflict of interest sa sitwasyon na ang lawyer ng gobyerno ay may negosyo sa gobyerno na pwede magkaroon ng kontrata at kaso sa kontrata mali talaga ang pagpreempt niya na tinitignan pa ng DOJ kung may conflict of interest.&quot;President Rodrigo Duterte&#x27;s statements regarding Calida these past few days have also raised some red flags for the former lawmaker since the Justice Department has started to look into Calida’s case.<ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/news/05/30/18/duterte-wont-sack-solgen-calida">Duterte won’t sack SolGen Calida</a></li></ul>Justice Secretary Menardo Guevarra had promised to look into the DOJ security contract.<ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/news/05/30/18/guevarra-flip-flops-will-now-probe-security-contract-with-calida-firm">Guevarra flip-flops, will now probe security contract with Calida firm</a></li></ul>“Yung contracts with the DOJ, now na parang sort of merong question about the validity then we’ll look into it,” he said.“So the DOJ will be open also to review yung mga contracts na yun. but only insofar as the DOJ contract is concerned. We cannot speak about yung contracts of the security agency yung congress, or with NEDA kasi wala kaming, we’re not privy to those contracts,” Guevarra said.Senators and congressmen have also started to look into the controversial contracts even as calls for his ouster have snowballed. <ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/news/05/30/18/senators-seek-probe-into-calida-security-firms-contracts-with-govt">Senators seek probe into Calida security firm&#x27;s contracts with gov&#x27;t</a></li></ul><div>&#x27;Bureaucrat capitalist&#x27;</div>Bayan Muna Rep. Carlos , meanwhile,Zarate alleged double standard in the cases of Calida and ousted Chief Justice Lourdes Sereno. Calida initiated the quo warranto that ousted Sereno.&quot;Kung hinabol nila hanggang sa kaduluduluhan si CJ Sereno dahil may kwestyon sa kaniyang integrity, di makita yung kaniyang SALN nung siya nanungkulan sa UP, ito kitang-kita rito walang integrity at pinagdidinan pa na walang conflict interest. Ito yung classic example ng bureaucrat capitalist na pumapasok sa gobyerno para magnegosyo,&quot; he said.&quot;Sa pangalan di na siya presidente, pero 60% ng kumpanya, pag aari ni SolGen Calida at nakopo niya ang malalaking kontrata. Di naman siya makakuha ng kontratang iyan kung di siya SolGen ngayon,&quot; he added.ACT Teachers Rep. France Castro said Calida’s case should also not be treated differently from former Tourism Secretary Wanda Teo.&quot;Walang pinag-iba ito sa tinanggal ni Presidente o nagresign ba secretary ng DOT na si Wanda Teo dahil mga kapatid niya rin ang nagkaroon ng interes dito sa gobyerno,&quot; she said. &quot;Samantalang si Calida mas higit pa nga ito. Pamilya, asawa niya, mga anak niya ang may interes kaya di pwede sabihin ni gobyerno o sabihin ni DOJ Sec. Guevarra na wala itong conflict of interest.&quot;ACT Teachers Rep. Antonio Tinio, meanwhile, slammed Malacañang for defending Calida. “Sa kanila pa nanggagaling na raw walang conflict of interest sa pagkakakopo ng agency ni SolGen Calida ng P150 million worth na mga kontrata,&quot; Tinio said.AKO Bicol Rep. Alfredo Garbin called on Calida to disclose documents on the ownership of his security agency.“He who comes to court must come with clean hands. He who comes to the aid of the court must not be guilty of the same misconduct na pinupuntahan niya sa korte. He’s the solicitor general, kung wala naman siyang tinatago eh di dapat ibuyangyang niya lahat ng dokumento nang pagmamay-ari sa security agency because he’s handling cases representing the Republic of the Philippines. In fact he was the one who filed a case against the chief justice of the Supreme Court for the quo warranto proceeding alleging that the CJ failed to file SALN,“ Garbin said.Speaking in defense of Calida, Senator Koko Pimentel said, “Ang sakop daw nitong kautusan na ito ay iyung secretary of justice. Mahirap din daw patunayan na may conflict of interest na ginawa si Calida sa isyu ng security contract na nakuha ng VISAI ni Calida sa DOJ.”“Kasi hindi naman niya pwedeng impluwensiyahan ang Office of the Secretary of Justice dahil pataas ito,” Pimentel said.House Minority Leader Danilo Suarez stood by Calida, refusing to join calls for his ouster. “Iyun namang negosyong iyun, bago pa siya naging (OSG) di ba nandoon na iyan. Ang isa lang issue doon some of the clients are government offices. Most? All? Some? But it&#x27;s not a ground. Ang dapat siguro is preferential mataas ba yung rate niya per hour, mataas ba iyung overtime, di nagbigay ng bond? Pero kung at par with other agency, negosyo eh. These Cabinet secretaries must survive also.”Suarez even went to the extent of saying that &quot;he could have been good a replacement for Ombudsman Conchita Carpio Morales.&quot;Asked if the House should look into Calida’s case, Speaker Pantaleon Alvarez told DZMM Wednesday, “Hindi, mag-iimbestiga naman yung DOJ tapos ang pagka-alam ko mayroong nag-file nga sa amin dito ng resolution para imbestigahan, kanya lang magbe-break na kami.”<ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/opinions/06/01/18/opinion-yes-solicitor-general-calida-is-violating-the-constitution-heres-the-proof">OPINION: Yes, Solicitor General Calida IS violating the Constitution. Here&#x27;s the proof </a></li></ul>

“A public official may divest and or resign from the corporation. Hindi clear ang claim ni SolGen Calida diyan eh, or iyan alternative pero pag ma-prove iyung conflict of interest, divestment ang required ng law."

“A public official may divest and or resign from the corporation. Hindi clear ang claim ni SolGen Calida diyan eh, or iyan alternative pero pag ma-prove iyung conflict of interest, divestment ang required ng law."

Calida's security agency: What the law says on conflict of interest

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Calida's security agency: What the law says on conflict of interest

RG Cruz,

ABS-CBN News

Published June 02, 2018 07:51 PM PHT

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Jose Calida

Solicitor General

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