COA flags BuCor over meals for PDLs that fail to meet standards

MANILA, Philippines – The Commission on Audit (COA), citing transactions during the leadership of former Bureau of Corrections (BuCor) chief Gerald Bantag, has flagged the agency over meals served inside penitentiaries that did not meet the standards.

In its annual audit report of the BuCor for 2022, the auditing body said the meals served to Persons Deprived of Liberty (PDLs) inside the New Bilibid Prison in Muntinlupa City and the Correctional Institution for Women in Mandaluyong City did not follow the requirements set by the food subsistence agreement for 2022. This was because of the BuCor food inspection committee’s failure to monitor the agreement’s implementation, the COA said.

Section 8 of the food subsistence agreement (FSA) states that the food provider shall provide meals based on a 10-day menu cycle, with 2,000 calories per PDL per day. Meanwhile, the food inspection committee was tasked to ensure that the 10-day cycle will be followed, among others.

The COA revealed that food providers made changes in the menu, “without securing the approval of the NBP Superintendent, to be recommended by the BuCor Nutritionist, contrary to Section 8.3 of the FSA for CY 2022.”

“The failure to comply with the required approval prior to substitution of meals may result in serving meals that are not nutritionally appropriate for PDLs since the substitute meals were not assessed by the BuCor Nutritionist if their nutritional value is the same with the agreed 10-day-cycle menu,” the COA added.

The auditing body noted that Mang Kiko Catering Services and AFS Eatery failed to provide the required portions of rice to the PDLs. The COA had previously flagged AFS Eatery over various reasons, including its failure to follow the food subsistence agreement.

In its recommendations, the COA suggested applying the appropriate penalty if warranted, and to monitor proper implementation of the agreement to ensure that the minimum dietary requirement for PDLs is met. In response, the BuCor said a copy of the letter from AFS Eatery was submitted to the COA. The food inspection committee was also under probe.

The food committee will also be reconstituted, and a policy guideline will be adopted, the BuCor added.

‘Irregular’ payment

Aside from calling out the meals that did not meed the standards, the COA also flagged the “irregular” payment of P36.869 million for food subsistence. This was considered irregular under COA rules, “thereby casting doubt on the validity and propriety of expenditures.”

COA Circular No. 2012-003 classifies an expenditure as irregular if “incurred without adhering to established rules, regulations, procedural guidelines, policies, principles or practices that have gained recognition in laws.” Based on the review of transactions from January to March 2022, the BuCor paid this amount to AFS Eatery as its caterer.

“The disbursements were made in the absence of any bidding process or through alternative methods of procurement. The only basis was the Notice of Extension of Contract dated December 20, 2021 addressed to AFS Eatery notifying them that the 2021 FSA is extended for the period January 1 to March 31, 2022,” the auditing body said.

“It was signed by Usec. Gerald Q. Bantag, Director General of the BuCor being the HOPE (head of procuring entity) of the agency since procurement is centralized,” it added.

President Ferdinand Marcos Jr. suspended Bantag in October 2022 and was temporarily replaced by former Armed Forces of the Philippines chief of staff Gregorio Catapang Jr. 

The Department of Justice has put up a P2 million reward for the capture of the former BuCor chief, who is wanted for the killing of journalist Percy Lapid. Catapang officially took over the BuCor in January this year.

The COA recommended to stop extending contracts in the future without legal basis to avoid “irregular” expenditures. The commission also asked the BuCor to submit an authority or legal basis for these flagged payments, but not limited to, a legal opinion or exemption from the Government Procurement Policy Board. – Rappler.com