Former officials of the Department of Education (DepEd) and several other persons are set to appear before the Office of the Ombudsman after the anti-graft body approved the holding of preliminary investigation on the “noodle scam.”

Ombudsman Merceditas Gutierrez approved the recommendation of the Field Investigation Office (FIO) to file charges of violation of anti-graft and corrupt practices act, government procurement act and consumer act of the Philippines against former DepEd Secretary Jesli Lapus,

Undersecretary Teodosio Sangil Jr., bids and awards committee (BAC) vice chairman Demetria Manuel, BAC members Nanette Mamoransing, Macur Marohombsar, Artemio Capellan Jr., and former officer-in-charge Ramon Bacani.

Also named respondents are Alexander Billan, Gil Quenano, Lino Ong, Teresita Parco and Terencio Taloma, all officials of the Jeverps Manufacturing Corporation (Jeverps) which manufactured the noodle given to public school students under the department’s “Food for School Program.”

In its 23-page complaint-affidavit, the FIO said the DepEd embarked on a program aimed to provide healthy and nutritious food to elementary school children in selected areas of the country through the procurement of noodles for the benefit of schoolchildren.

Investigators said that in 2007 and 2008, the noodles procured were named as “Fortified Instant Noodles with Fresh Eggs,” but the approved annual procurement plans (APPs) said the item to be procured were “Noodles and Eggs,’ which are two separate items.

However, investigation showed that the technical specifications of the item to be procured did not state or specify whether or not eggs will be used as a component or ingredient in the manufacture of the noodles. It also did not state or specify how and in what form will the eggs be mixed in the noodles or specify the ingredients in the production of the noodles.

“Contract for the 2007 procurement of the 16,495,718 pieces of 100-gram pack of noodles of “Fortified Instant Noodles with Fresh Eggs” amounting to P283,626,515.66 under the DepEd’s “Food For School Program” was awarded to Jeverps,” the document states.

In 2008, DepEd, through repeat order, awarded again the contract for the procurement of 3,837,600 pieces of the same pack of noodles amounting to P66,620,736 to Jeverps under its “Low Performing Schools Breakfast Feeding Program.”

Investigation revealed that Jeverps’ license to operate issued by the Bureau of Food and Drugs (BFAD) on May 21, 1996, was suspended by BFAD by virtue of two Cease and Desist Orders (CDO) issued on January 24, 2007 for violation of RA 8976 (Food Fortification Law) and on Feb. 28, 2007 for Violation of Administrative Order No. 153, S. 2004, (Revised Guidelines on Current Good Manufacturing Practices).

The CDOs have not yet been lifted up to the present after Jeverps failed to settle the administrative fine of P300,000 imposed by the BFAD.

It is also alleged that DepEd did not submit noodle samples to the BFAD for testing and analysis, although BFAD is the premier government agency tasked to regulate the food processing industry. Instead, during the bidding, DepEd considered the samples submitted by Jeverps to Societe Generale de Surveillance (SGS), the same private laboratory which earlier tested the samples.

The SGS Results of Analysis on the samples submitted by Jeverps to DepEd for bidding purposes did not show the presence of eggs or any egg content in whatever form in the noodles. Despite this finding, the words “Fortified Instant Noodles With Fresh Eggs” with a picture of an egg was prominently printed on the package.

A Halal sign also appeared in the pack of noodles, although the Halal certificate submitted by Jeverps during the bidding is not for “Fortified Instant Noodles with Fresh Eggs” but for “Instant Noodles in Chicken and Beef Flavor,” Excellent Flour Stick (Canton) and Excellent Rice Stick (Bihon).

A parallel administrative investigation has also been initiated against the DepEd officials still in active service for dishonesty, grave misconduct, conduct prejudicial to the best interest of the service and gross neglect of duty.

The FIO recommended that these DepEd officials be suspended pending adjudication of the case against them.