AFTER the theft charges, Quezon City mayoralty candidate Herbert ‘Bistek’ Bautista is facing another complaint.. This time, a poor but concerned citizen filed charges against the former comedian at the Office of the Ombudsman for violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Complainant Nicanor Royo Salameda Jr, of Payatas, Quezon City based his charges on the almost P800,000 transaction of the City Hall with a food catering business that failed to pass through the necessary bidding procedures.

On December 8, 2008, Salameda said the city government represented by Bautista entered a P733,150.00 contract with Lucky Mama Food and General Merchandize for a food catering service.

Salameda said the contract was made without bidding because Bautista declared it as a ‘negotiated transaction’. Under the law, a negotiated transaction is possible only in several circumstances including a situation when there is a calamity and damage or danger to life.

According to complainant, Bautista managed to have the contract approved and implemented by claiming that the transaction was made during a calamity.

However, Salameda said there was no calamity at the time when the city hall made the food catering transaction with Lucky Mama Food and General Merchandize.

“At the time the contract was entered into by Bautista, Quezon City was not under a state of calamity and there is no known calamity that would justify the suspension of the rules on procurement,” Salameda said.

“Neither is there urgency as would justify the procurement through a negotiated contract because the authority of Bautista dates back to November 2008, and the Contract was entered into in December 2008, but the intended procurement was made only several months after (i.e. in July 2009),” Salameda added.

Because of this, Salameda said Bautista is not only facing graft charges but other administrative offenses such as Dishonesty, Grave Misconduct, and Conduct Grossly Prejudicial to the Best Interest of the Service.

“This prayer is further bolstered by the fact that the pertinent documents in this case is in the custody of the Office of the Vice Mayor, where the respondent holds office, and the possible witnesses are under his control and authority, thus, his continued stay in office may affect and prejudice the outcome of this case,” explained Salameda.

Prior to this, Carlos De Leon, a childhood friend and former chief security of Bautista, filed theft charges against the official and his younger brother Hero who allegedly stole his P1.8 million worth printing equipment.