Manila medicine supplier files case against gov, Capitol officials

A MANILA-based supplier asked the Regional Trial Court in Cebu City to stop the Cebu provincial government from awarding P9 million worth of medicine purchase contracts to 11 local suppliers.

Endure Medical Inc. (EMI) also asked the court to nullify the Capitol’s earlier decision to declare them ineligible to supply them drugs and medicines and pay them half a million pesos in nominal damages and another half a million in attorney’s fee and litigation expenses.

“The public respondents unlawfully excluded EMI from the use and enjoyment of a right to which petitioner is entitled as a prospective bidder when they refused to perform their ministerial duty to implement the exact words, clear tenor and expressed intent,” said EMI’s petition which they filed before the RTC on August 12.

Named respondents were Cebu Gov. Hilario Davide III, Bids and Awards Committe head and Provincial Administrator Mark Tolentino, and BAC members Alma Sibonga, Hector Jamora, Jone Siegfred Sepe, Melita Labarejos, and Provincial Legal Officers Orvi Ortega and Donato Villa Jr.

EMI also named Berovan Marketing, Inc.; Blue Sky Trading; Cebu Far Eastern Drugs, Inc.; RG Meditron, Inc.; Colonie Enterprises; D&C Drugstore and Gen. Merchandise; Euro-Med Lab Phils.; J-Khezznov Trading Industries, Inc.; Metro Drug, Inc.; Pharmaceutica Filipina de Visayas and Zuellig Pharma-Cebu as co-respondents in the case.

When sought for comment, Tolentino said he would rather wait to be furnished a copy of the complaint before issuing any comments. “We’ll go over the complaint and address it in court,” he said in a text message sent to Cebu Daily News.

The provincial BAC declared EMI ineligible to join their bidding because of the drug supplier’s failure to comply with their technical requirement.

EMI said in its petition that they could have offered the lowest bid price had the provincial government’s BAC not disqualified them from participating in the bidding.

The drug supplier said they filed a motion for reconsideration which the provincial BAC also denied.

EMI alleged that Capitol’s BAC went on to award contracts to Cebu Far Eastern – at P4.32 million; Colonie Enterprises – P3.4 million; Euro-Med Lab Phils. -P2.41 million; Blue Sky Trading – P1.33 million; RG Meditron with P750,000; J-Khezznov Trading – P536,597; D&C Drugstore – P269,233; Berovan Marketing Inc. – P225,241; Zuellig Pharma – P38,165; Pharmaceutica Filipina – P20,735; and Metro Drug – P9,450.