s9uare meters as per appro!ed plan and specifications of 1.>> on te part of te #o!ernment. +. Te cec;s representin# te reimbursement for te cost of materials for te construction of te )P sic- of te Re!ised Penal Code. 2. Te supplies and materials for te construction of te )P >(>8, and maintain a separate subsidiary led#er for eac #rantee$ +- Reimburse trou# full payment te actual e/penses incurred by te recipient for supplies and materials materials relati!e relati!e to te construct construction ion of te pa!ement pa!ement in te amount not e/ce e/ceedin edin# # P5>,>> P5> ,>>>.> >.>>, >, and pay paymen mentt sa sall ll be rele released ased onl only y upo upon n reci recipie pient nts s sub submis mission sion of off offici icial al receiptFs for actual e/penses incurred for supplies and materials$ 2- Prepare a montly report of disbur sement attested to by its resident auditor and submit te same to te
&(>+:=(? tat only A4- oter )P
of 25 suc pro%ects tat "ere sub%ect of te audit. Se si#ned te disbursement !oucer, as re9uired by )emorandum *rder 1>2, Series of 1==:, in !ie" of te absence of te Re#ional Tere bein# no a##ra!atin# or miti#atin# circumstances, Section 32b- of te niform Rules on Administrati!e Cases in te Ci!il Ser!ice pro!ides tat te medium of te penalty sould be imposed. As for te offense of #ross disonesty, te Court also clears petitioner from liability. 1âwphi1 er participation in te release of funds is brou#t upon by er *IC desi#nation and not spurred by corrupt intent. A post(ar!est facility suc as )P
GOVERNMENT CONTRACTS | SYLLABUS PART III - days from te si#nin# of te A#reement$ 3- )a;e a!ailable pro%ect records and related documents to te ,>>>.>>$ =-
Pa#e 3 of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III or te e/penses and cost of materials related to te 1==: )P
inspection of supplies and materials
from te
beneficiary farmers
:- Inspection report of all specified materials procured and deli!ered$ =- Certificate of final completion to be si#ned by te cairman of te farmers or#ani0ations or is duly autori0ed representati!es$ 1>- Re9uest from te beneficiary farmers or#ani0ations for inspection of completed pro%ects addressed to te - Re9uest issue slips$ 11- Suppliers official receipts$ 1&-
GOVERNMENT CONTRACTS | SYLLABUS PART III 12- RAE?s Inspection reports as to 1>>J completion of pro%ects. Respondent Le#aspi, imself, admits tat te re9uirements e enumerated "ere not complied "it. In some !oucers, te si#natures of te H)CPI Cairmen and officers in te )emoranda of A#reement #reatly differ from te si#natures attributed to tem in te documents attaced to te !oucers, suc as te@ 1- Can!ass papers$ &- Abstracts of can!ass$ +- Reports of inspection$ 2- Certificates of acceptance$ 3- Ac;no"led#ment receipts$ and 5- Re9uisition and issue !oucer. Accordin# to te Cairmen and officers of some beneficiary cooperati!es, tey "ere #i!en sets of documents D )*A, can!ass papers, abstracts of can!ass, ac;no"led#ment receipts, inspection reports as to te deli!ery of materials, and certificates of acceptance of items deli!ered, by
GOVERNMENT CONTRACTS | SYLLABUS PART III stipulated in te memoranda of a#reement co!erin# te sub%ect pro%ects. 6orse, altou# te !oucers and cec;s co!erin# te sub%ect )P
Pa#e : of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III materials e/pense must be released trou# te issuance of Issue Slips, te issuance by respondent Amit of te Issue Slips of materials "ere intended to facilitate, as it facilitated, te disbursement and release of te misappropriated funds.12 empases ours Te Rule 2+ Petition "it te CA Tereafter, Amit filed a petition for re !ie" under Rule 2+ of te 1==8 Rules of Court "it te CA. Te CA denied te petition on te reasonin# tat te decision of te *mbudsman "as supported by substantial e!idence D i.e., affida!its, special audit report, and C*A inspection report D tat are entitled to #reat respect and credence. Te CA also ruled tat te appro!al of te issue slips of c onstruction materials for te )P
Pa#e = of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III documents "ere unnecessary. 6it Amits si#nin# of te documents, o"e!er, te immediate release of te funds "as facilitated. Tis indicates sortsi#tedness on te part of Amit "ic is so #ross tat it cannot be considered a result of indifference or carelessness. Amit simply failed to conduct imself in te manner e/pected of an occupant of a i# office. In oter "ords, e failed to act in accordance "it te demands of te responsibility tat attaces to te office e "as occupyin#. Second, te *mbudsmans findin# of conspiracy re!eals te crucial role "ic Amit played in te commission of fraud "it oter officials. Amits acts "ere one of te more, if not te most, indispensable, final, and operati!e acts tat ultimately led to te consummation of te fraud. 4o disbursement or release of #o!ernment funds could appen "itout Amits imprimatur. Amits participatory acts "ere, in oter "ords, of a de#ree tat teir absence could a!e pre!ented te completion of te acts complained of. Amits role in te committed irre#ularities so"s is concurrence D altou# based on circumstantial, not direct, e!idence D "it te oter officials ob%ecti!e to defraud te #o!ernment. Te irre#ularities "ill not see teir fruition if Amit and te oter officials in!ol!ed in te fraud did not consent to its implementation by ma;in# it appear tat tere "ere !alid re9uisitions, deli!eries, inspections, pre(auditin# and appro!al of te !oucers and cec;s paid to te contractorsFsuppliers. Tese acts pointed to one 1- criminal intent D "it one participant performin# a part of te transaction and te oters performin# oter parts of te same transaction to complete te "ole sceme, "it a !ie" of attainin# te ob%ect "ic tey "ere pursuin#. 1= In oter "ords, tere "as te re9uired concurrence of "ills supportin# te findin# of conspiracy, made more pronounced in te case of Amit because of is positions and peculiarly important role in te completion of te acts. Tird, Amits defense D te alle#ed reliance on te acts of is subordinates in #ood fait D is simply unacceptable. Public office is a public trust and public officers and employees must at all times be accountable to te people, ser!e tem "it utmost responsibility, inte#rity, loyalty and efficiency, act "it patriotism and %ustice and lead modest li!es.&> Tis i# constitutional standard of conduct is not intended to be mere retoric$ tose in te public ser!ice are en%oined to fully comply "it tis standard or run te ris; of facin# administrati!e sanctions ran#in# from reprimand to te e/treme penalty of dismissal from te ser!ice. As suc, Amit as te duty to super!ise is subordinates D e must see to it tat is subordinates a!e performed teir functions in accordance "it te la". 6e cannot allo" im to simply interpose tis defense, as e is precisely duty(bound to cec; "eter tese acts are re#ular, la"ful and !alid, and is full reliance on te acts of is subordinates is antitetical to te duties imposed by is position on tem. Te e/cuse or defense is totally unacceptable, too, #i!en tat te transaction relates to disbursement of public funds, o!er "ic #reat responsibility attaces. ourt, Amit did not "olly rely on te acts of is subordinates. As earlier mentioned, e performed functions usin# independent %ud#ment. Amit si#ned te issue slips despite te absence of some of te re9uired documents for te release of #o!ernment funds for te )P
GOVERNMENT CONTRACTS | SYLLABUS PART III officer and not suc only as affects is caracter as a pri!ate indi!idual. In suc cases, it as been said at all times, it is necessary to separate te caracter of te man from te caracter of te officer / / / It is settled tat misconduct, misfeasance, or malfeasance "arrantin# remo!al from office of an officer must a!e direct relation to and be connected "it te performance of official duties amountin# eiter to maladministration or "illful, intentional ne#lect and failure to discar#e te duties of te office.&2 empasis and italics ours6e declared in *ffice of te *mbudsman !. Apolonio&3 tat Gif a ne/us bet"een te public officers acts and functions is establised, suc act is properly referred to as misconduct.G Amits acts "ere "ell "itin te scope of is functions. Tere is no doubt tat is inability to li!e up to te standards so imposed on im in te performance of is duties is misconduct. In tis case, te misconduct cannot be considered simple misconduct$ it is #ra!e misconduct, considerin# te presence of te 9ualifyin# elements of corrupt moti!e and fla#rant disre#ard of te rules ta;en from a collecti!e consideration of te circumstances of te case. 6ERE*RE, premises considered, "e
Republic of te Pilippines
SUPREME COURT )anila E4 A4C
G.R. No. 17767 &1
No!"#$"% &,
SONIA V. SEVILLE, Petitioner, !s.
COMMISSION ON AU'IT, R"-o*/ O00" VI, I/o/o C23, Respondent.
ABA', J.: Tis case pro!ides "at it ta;es to ma;e a #o!ernment official or employee liable for #ost pro%ects. Te acts and te Case Te Commission on Audit C*A- Re#ional *ffice 'I administrati!ely car#ed 11 officials and employees of te
GOVERNMENT CONTRACTS | SYLLABUS PART III proof tat se too; part in a conspiracy to defraud te #o!ernment. In its
GOVERNMENT CONTRACTS | SYLLABUS PART III 12=& dated 7uly &>, &>>5. In its place, te Court I4
Republic of te Pilippines
SUPREME COURT )anila E4 A4C
G.R. No. 19459 8, &11
M%
MA. MERCE'ITAS N. GUTIERRE Petitioner, !s.
TE OUSE OF REPRESENTATIVES COMMITTEE ON USTICE, RISA ONTIVEROS BARA:UEL, 'ANILO '. LIM, FELIPE PESTA;O, EVELYN PESTA;O, RENATO M. REYES, R., SECRETARY GENERAL OF BAGONG ALYANSANG MA
CARPIO MORALES, J.: or resolution is petitioners G)otion for Reconsideration of te
I Contrary to petitioners assertion tat te Court sarply de!iated from te rulin# in rancisco, 7r. !. Te ouse of Representati!es,1 te
GOVERNMENT CONTRACTS | SYLLABUS PART III actual initiation and not Gconstructi!e initiation by le#al fictionG as a!erred by 7ustice Adolfo A0cuna in is separate opinion in Francisco . In 7ustice A0cunas opinion "ic concurred "it te ma%ority, "at e similarly found untenable "as te stretcin# of te rec;onin# point of initiation to te time tat te Committee on 7ustice te Committee- report reaces te floor of te ouse.2 4otably, te pro!isions of te Impeacment Rules of te 1&t Con#ress tat "ere successfully callen#ed in Francisco pro!ided tat an impeacment proceedin# "as to be Gdeemed initiatedG upon te Committees findin# of sufficiency of substance or upon te ouses affirmance or o!erturnin# of te Committees findin#, 3 "ic "as clearly referred to as te instances Gpresumably for internal purposes of te ouse, as to te timin# of some of its internal action on certain rele!ant matters.G5
GOVERNMENT CONTRACTS | SYLLABUS PART III Ironically, petitioner also offers te Court "it !arious possibilities and !i!id scenarios to #rimly illustrate er percei!ed oppression. And er o"n mistrust leads er to find inade9uate te e/istence of te pertinent constitutional pro!isions, and to entertain doubt on Gte respect for and aderence of te ouse and te respondent committee to te same.G= 6ile petitioner concedes tat tere is a frame"or; of safe#uards for impeacable officers laid do"n in Article XI of te Constitution, se do"nplays tese layers of protection as illusory or inutile "itout implementation and enforcement, as if tese can be disre#arded at "ill. 1a$$phi1 Contrary to petitioners position tat te Cour t left in te ands of te ouse te 9uestion as to "en an impeacment proceedin# is initiated, te Court merely underscored te ouses conscious role in te initiation of an impeacment proceedin#. Te Court added notin# ne" in pinpointin# te ob!ious rec;onin# point of initiation in li#t of te Francisco doctrine. )oreo!er, referral of an impeacment complaint to te appropriate committee is already a po"er or function #ranted by te Constitution to te ouse. Petitioner #oes on to ar#ue tat te ouse as no discretion on te matter of referral of an impeacment complaint and tat once filed, an impeacment complaint sould, as a matter of course, be referred to te Committee. Te ouse cannot indeed re fuse to refer an impeacment complaint tat is filed "itout a subsistin# bar. To refer an impeacment complaint "itin an e/istin# one(year bar, o"e!er, is to commit te apparently unconstitutional act of initiatin# a second impeacment proceedin#, "ic may be struc; do"n under Rule 53 for #ra!e abuse of discretion. It bears recallin# tat te one(year bar rule itself is a constitutional limitation on te ouses po"er or function to refer a complaint. Tac;lin# on te ouse floor in its order of business a clearly constitutionally(proibited second impeacment complaint on te matter of "eter to ma;e te appropriate referral #oes precisely into te propriety of te referral and not on te merits of te complaint. Te ouse needs only to ascertain te e/istence or e/piry of te constitutional ban of one year, "itout any re#ard to te claims set fort in te complaint. To petitioner, te inter!enin# days from te filin# of te complaint to "ate!er completes te initiation of an impeacment proceedin# is immaterial in miti#atin# te influ/ of successi!e complaints since allo"in# multiple impeacment car#es "ould result to te same arassment and oppression. Se particularly cites Constitutional Commissioner Ricardo Romulos concerns on te amount of time spent if Gmultiple impeacment car#esG1> are allo"ed. Se fails, o"e!er, to establis "eter Commissioner Romulo limited or 9uantified is reference to not more tan one complaint or car#e. I4 S), te Court did not de!iate from, as it did apply te t"in rule of filin# and referral in te present case, "it Francisco as te #uidin# li#t. Petitioner refuses to see te oter alf of tat li#t, o"e!er.
II Petitioner, mean"ile, reiterates er ar#ument tat promul#ation means publication. Se a#ain cites er tesis tat Common"ealt Act 4o. 5+:, Article & of te Ci!il Code, and te t"o TaNada !. Tu!era11 cases mandate tat te Impeacment Rules be publised for effecti!ity. Petitioner raises notin# ne" to can#e te Courts stance on te matter. To reiterate, "en te Constitution uses te "ord Gpromul#ate,G it does not necessarily mean to publis in te *fficial ?a0ette or in a ne"spaper of #eneral circulation. Promul#ation, as used in Section +:-, Article XI of te Constitution, suitably ta;es te meanin# of Gto ma;e ;no"nG as it sould be #enerally understood. Petitioner continues to misapply N#ri $" S#nat# Co!!itt## on Acco%nta&iit' of P%&ic Offic#rs an( In$#stigations 1& "ere te Court noted tat te Constitution unmista;ably re9uires te publication of rules of procedure pertainin# to in9uiries in aid of le#islation. If te Constitution "arranted te publication of Impeacment Rules, ten it could a!e e/pediently indicated suc re9uirement as it did in te case of le#islati!e in9uiries. Te Constitution clearly #i!es te ouse a "ide discretion on o" to effecti!ely promul#ate its Pa#e 13 of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III Impeacment Rules. It is not for tis Court to tell a co(e9ual branc of #o!ernment on o" to do so "en suc prero#ati!e is lod#ed e/clusi!ely "it it. Still, petitioner ar#ues tat te Court erred "en it ruled tat Gto re9uire publication of te ouse Impeacment Rules "ould only delay te impeacment proceedin#s and cause te ouse of Representati!es to !iolate constitutionally mandated periodsOG Se insists tat te Committee, after publisin# te Impeacment Rules, "ould still a!e a remainder of 23 days out of te 5>(day period "itin "ic to finis its business. Petitioner is mista;en in er assertion. 4ote tat te Court discussed te abo!e(mentioned scenario only Gin cases "ere impeacment complaints are filed at te start of eac Con#ress.G Section +, Article XI of te Constitution contains rele!ant self(e/ecutin# pro!isions "ic must be obser!ed at te start of te impeacment process, te promul#ation of te Impeacment Rules not"itstandin#. Petitioner reases er alle#ations of bias and !indicti!eness on te part of te Committee Cairperson, Rep. 4iel Tupas, 7r. Met a#ain, te supposed actuations of Rep. Tupas parta;e of a ;een performance of is a!o"ed duties and responsibilities as te desi#nated mana#er of tat pase in te impeacment proceedin#. esides, te actions ta;en by te Committee "ere ne!er its Cairpersons sole act but rater te collecti!e underta;in# of its "ole 33(person membersip. Te Committee members e!en too; to !otin# amon# temsel!es to !alidate "at actions to ta;e on te motions presented to te Committee. Indubitably, an impeacment is not a %udicial proceedin#, but rater a political e/ercise. Petitioner tus cannot demand tat te Court apply te strin#ent standards it as;s of %ustices and %ud#es "en it comes to inibition from earin# cases. Incidentally, te Impeacment Rules do not pro!ide for any pro!ision re#ardin# te inibition of te Committee cairperson or any member from participatin# in an impeacment proceedin#. Te Committee may tus direct any 9uestion of partiality to"ards te concerned member only. And any decision on te matter of inibition must be respected, and it is not for tis Court to interfere "it tat decision. E/cept for te constitutionally mandated periods, te pacin# or alle#ed precipitate aste "it "ic te impeacment proceedin# a#ainst petitioner is conducted is beyond te Courts control. A#ain, impeacment is a i#ly politici0ed intramural tat #i!es te ouse ample le# room to operate, sub%ect only to te constitutionally imposed limits.1+ And beyond tese, te Court is duty(bound to respect te discretion of a co(e9ual branc of #o!ernment on matters "ic "ould effecti!ely carry out its constitutional mandate. I4ALLM, te Court as, in its ebruary 13, &>11
SO OR'ERE'.
Republic of te Pilippines
SUPREME COURT )anila SEC*4<
G.R. No. 11&&4 1995
A@-@2 5, Pa#e 15 of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III ANTONIO M. BOLASTIG, petitioner, !s.
ON. SAN'IGANBAYAN (T%+ '!o*) *+ TE PEOPLE OF TE PILIPPINES, respondents. Pangani&an) B#nit#*) Para(#) Africa + Barinaga Law Offic# ,Pa&aw- for p#tition#r"
MEN'OA, J.: Tis is a petition for c#rtiorari to set aside te resolution, dated )arc 1:, 1==+, of te Sandi#anbayan, #rantin# te motion of te Special Prosecution *fficer to suspend te accused from office p#n(#nt# it# and te resolution, dated )arc &=, 1==+, denyin# reconsideration of te first resolution. Petitioner Antonio ). olasti# is #o!ernor of Samar. *n Au#ust +1, 1=:=, an information "as filed a#ainst im and t"o oters for alle#ed o!erpricin# of 1>> reams of onion s;in paper in !iolation of te Anti(?raft and Corrupt Practices Act Republic Act 4o. +>1=-. Te Information alle#ed@ Tat on or about 7une &2, 1=:5, in te )unicipality of Catbalo#an, Samar, Pilippines, and "itin te %urisdiction of tis onorable Court, te abo!e(named accused A4T*4I* ). *LASTI?, PE
GOVERNMENT CONTRACTS | SYLLABUS PART III Act 4o. +>1=, pursuant to "ic all tat is re9uired is for te court to ma;e a findin# tat te accused stands car#ed under a !alid information Gfor any of te abo!e(described crimes for te purpose of #rantin# or denyin# te sou#t for suspension.G& Implementation of te resolution "as eld in abeyance to allo" petitioner to file a motion for reconsideration, "ic te Sandi#anbayan, o"e!er, e!entually denied on )arc &=, 1==+. ence, tis petition. It is contended tat te Sandi#anbayan committed a #ra!e abuse of its discretion in issuin# its resolution a- despite te failure of te prosecution to so" any public interest to be ser!ed, or in%ury to be pre!ented, or any oter compellin# factual circumstance "ic %ustifies te pre!enti!e suspension of petitioner$ and b- despite te in%ury not only upon petitioner but also upon te people of Samar "ose political ri#ts are trenced upon by te suspension for no !alid reason of teir duly elected ?o!ernor. To te Solicitor ?enerals contention tat upon te filin# of a !alid information suspension p#n(#nt# it# is mandatory as eld in se!eral decisions of tis Court,+ petitioner replies tat, "ile te Sandi#anbayan as te po"er to order pre!enti!e suspension, tere is a Gneed Hfor te Sandi#anbayan to #o furter, beyond te filin# of te information, to a determination of te necessity of te pre!enti!e suspension in accordance "it te spirit and intent of te Anti(?raft La".G Petitioner e/plains@ In oter "ords, "en te Anti(?raft La" #a!e te courts te autority to order te pre!enti!e suspension of te accused, it ne!er intended to impose a mindless and meanin#less e/ercise. Te e/ercise of suc autority must al"ays be "itin te confines of te le#islati!e intent, for to #o beyond it "ould be to e/ceed te bounds of te la". Pre!enti!e suspension sould terefore be ordered only "en te le#islati!e purpose is acie!ed, tat is, "en Gte suspension order . . . pre!ents- te accused from usin# is office to influence potential "itnesses or tamper "it records "ic may be !ital in te prosecution of te case a#ainst im.G Corollarily, "en te le#islati!e purpose is not acie!ed, pre!enti!e suspension is improper and sould not be decreed.G2 Te petitioners contention as no merit. It is no" settled tat sec. 1+ of Republic Act 4o. +>1= ma;es it mandatory for te Sandi#anbayan to suspend any public officer a#ainst "om a !alid information car#in# !iolation of tat la", oo; II, Title 8 of te Re!ised Penal Code, or any offense in!ol!in# fraud upon #o!ernment or public funds or property is filed. 3 Te court tryin# a case as neiter discretion nor duty to determine "eter pre!enti!e suspension is re9uired to pre!ent te accused from usin# is office to intimidate "itnesses or frustrate is prosecution or continue committin# malfeasance in office. Te presumption is tat unless te accused is suspended e may frustrate is prosecution or commit furter acts of malfeasance or do bot, in te same "ay tat upon a findin# tat tere is probable cause to belie!e tat a crime as been committed and tat te accused is probably #uilty tereof, te la" re9uires te %ud#e to issue a "arrant for te arrest of te accused. Te la" does not re9uire te court to determine "eter te accused is li;ely to escape or e!ade te %urisdiction of te court. It is indeed true tat in some of our decisions 5 te e/pression Gte ma/imum period of ninety =>daysG is used. ut tat is only for te purpose of empasi0in# tat te pre!enti!e suspension terein in!ol!ed, "ic "ere for more tan ninety =>- days, "ere e/cessi!e and unreasonable. It is to be noted tat te ninety(day period of pre!enti!e suspension is not found in sec. 1+ of Republic Act 4o. +>1= but "as adopted from sec. 2& of te Ci!il Ser!ice
Pa#e 1: of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III delay in te disposition of te case is due to te fault, ne#li#ence or petition of te respondent, te period of delay sall not be counted in computin# te period of suspension erein pro!ided. Te duration of pre!enti!e suspension is tus coe!al "it te period prescribed for decidin# administrati!e disciplinary cases. If te case is decided before ninety days, ten te suspension "ill last less tan ninety days, but if te case is not decided "itin ninety days, ten te pre!enti!e suspension must be up to ninety days only. Similarly, as applied to criminal prosecutions under Republic Act 4o. +>1=, pre!enti!e suspension "ill last for less tan ninety days only if te case is decided "itin tat period$ oter"ise, it "ill continue for ninety days. Te duration of pre!enti!e suspension "ill, terefore, !ary to te e/tent tat it is contin#ent on te time it ta;es te court to decide te case but not on account of any discretion lod#ed in te court, ta;in# into account te probability tat te accused may use is office to amper is prosecution. Indeed, "ere te Sandi#anbayan #i!en te discretion to impose a sorter period of suspension, say, :>, 8> or 5> days, as petitioner asserts, it "ould lie in its po"er not to suspend te accused at all. Tat, of course, "ould be contrary to te command of sec. 1+ of Republic Act 4o. +>1=. *ur oldin# tat, upon te filin# of a !alid information car#in# !iolation of Republic Act 4o. +>1=, oo; II, Title 8 of te Re!ised Penal Code, or fraud upon #o!ernment or public property, it is te duty of te court to place te accused under pre!enti!e suspension disposes of petitioners oter contention tat since te trial in te Sandi#anbayan is no" o!er "it respect to te presentation of e!idence for te prosecution tere is no lon#er any dan#er tat petitioner "ould intimidate prosecutions "itnesses. Te fact is tat te possibility tat te accused "ould intimidate "itnesses or oter"ise amper is prosecution is %ust one of te #rounds for pre!enti!e suspension. Te oter one is, as already stated, to pre!e nt te accused from committin# furter acts of malfeasance "ile in office. inally, te fact tat petitioners pre!enti!e suspension may depri!e te people of Samar of te ser!ices of an official elected by tem, at least temporarily, is not a sufficient basis for reducin# "at is oter"ise a mandatory period prescribed by la". Te !ice #o!ernor, "o as li;e"ise been elected by tem, "ill act as #o!ernor.: Indeed, e!en te Constitution autori0es te suspension for not more tan si/ty days of members of Con#ress found #uilty of disorderly bea!ior, = tus re%ectin# te !ie" e/pressed in one case1> tat members of te le#islature could not be suspended because in te case of suspension, unli;e in te case of remo!al, te seat remains filled but te constituents are depri!ed of representation. or te fore#oin# reasons, "e old tat in orderin# te pre!enti!e suspension of petitioner, te Sandi#anbayan acted accordin# to la". 6ERE*RE, te Petition for C#rtiorari is
Republic of te Pilippines
SUPREME COURT )anila
FIRST 'IVISION G.R. No. 17468 4, &1
A@-@2
ERNESTO A. FAAR'O, Petitioner, !s.
OFFICE OF TE OMBU'SMAN, NATIONAL BUREAU OF INVESTIGATION AN' BUREAU OF CUSTOMS, Respondents. LE*4AR<*(
GOVERNMENT CONTRACTS | SYLLABUS PART III 'ECISION 'EL CASTILLO, J.: nder te Gtreefold liability rule,G any act or omission of any public official or employee can result in criminal, ci!il, or administrati!e liability, eac of "ic is independent of te oter. 1 Tis Petition for Re!ie" on Certiorari& under Rule 23 of te Rules of Court assails te
Pa#e &> of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III Ruling of the Ombudsman *n )ay +, &>>3, te *mbudsman rendered a
Pa#e &1 of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III tat tere are tree +- oter personnel under a%ardos super!ision suc as te C orms Cler;, C>& to *ctober +1, &>>&, said respondent "as able to sell accountable forms "it money !alue and stamps in te sum of ₱ 138,51&,3:3.>> but remitted only ₱ 1+8,2=2,&+>.>> to te Landan;, 4AIA Customs. *n 7anuary &>>1 D
GOVERNMENT CONTRACTS | SYLLABUS PART III / / / / FOREGOING CONSIDERED pursuant to Section 3& A(1- and A(+-, Rule I' of te niform Rules on Administrati!e Cases CSC Resolution 4o. ==1=+5-, dated Au#ust +1, 1===, respondent ER4EST* A. A7AR<* is ereby found #uilty of
PREMISES CONSI'ERE', te instant motion for reconsideration is ereby 'ENIE' and te 'ECISION dated >+ )ay &>>3, is ereby AFFIRME' "it finality. Te onorable ALEXAN'ER M. AREVALO, Commissioner, ureau of Customs, is ereby directed to implement te
UPON TE VIE? ?E TA
I@" ence, tis petition raisin# te follo"in# issues@ A. 6eter / / / competent e!idence "as presented before te *ffice of te *mbudsman to establis disonesty and #ra!e misconduct on te part of petitioner. Pa#e &+ of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III . 6eter / / / te CA committed #ra!e abuse of discretion in failin# to consider and appreciate te follo"in# !ital e!idences Hsic@ 1. At te Collectin# >> to *ctober +>, &>>& "ere all remitted and accounted for by petitioner. 2. Te testimony of 4ancy )arco on te safe#uards used to protect te inte#rity or reliability of te metered macine. 3. 4ancy )arco is not an e/pert "en se testified. 5. Te repeated admissions of 4ancy )arco tat er GAuditG sales can not be possible for te load on te macine per mont "as less tan er montly GauditG sale. C. 6eter / / / te CA committed #ra!e abuse of discretion in failin# to consider and appreciate te findin#s of te trial court in te related criminal case tat te e!idence of #uilt a#ainst petitioner "as "antin# and tat tere "as no direct e!idence to pro!e tat petitioner mal!ersed andFor amassed #o!ernment funds. <. 6eter / / / te CA committed #ra!e abuse of discretion in relyin# on documents "ic "ere not introduced or offered in e!idence before te *ffice of te *mbudsman. E. 6eter / / / te *mbudsman can directly dismiss petitioner from #o!ernment ser!ice.2& #etitione!$s A!guments Insistin# on is innocence, petitioner claims tat no competent e!idence "as presented before te *mbudsman to so" tat e is #uilty of disonesty and #ra!e misconduct.2+ e asserts tat te audit report of State Auditor )arco as no e!identiary "ei#t as te fi#ures stated terein are mere speculations.22 e li;e"ise contends tat te CA and te *mbudsman erred in relyin# on te report on te results of te audit, "ic "as ne!er formally submitted as e!idence durin# te proceedin#s before te *mbudsman.23 Instead, tey sould a!e considered te findin# of te RTC in te related criminal case tat te e!idence of #uilt a#ainst petitioner is "antin#.25 e points out tat "en State Auditor )arco "as cross(e/amined durin# te bail earin# in te criminal case filed a#ainst im, se alle#edly admitted tat it "as not possible for im to a!e sold more tan te amount loaded in te macine since tere is only one metered macine at te Collectin#
Pa#e &2 of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III recommend te remo!al of a public official.2: Res"ondents$ A!guments Te Solicitor ?eneral, as counsel for respondents, maintains tat te CA and te *mbudsman correctly found petitioner #uilty of disonesty and #ra!e misconduct as tere is substantial e!idence to support suc findin#.2= )oreo!er, contrary to te !ie" of petitioner, te *mbudsman as te po"er to remo!e an errin# public official or employee.3>
O@% R@/* Te petition lac;s merit. At te outset, it must be empasi0ed tat 9uestions of fact may not be te sub%ect of an appeal by c#rtiorari under Rule 23 of te 1==8 Rules of Court as te Supreme Court is not a trier of facts. 31 As a rule, findin#s of fact of te *mbudsman, "en affirmed by te CA, are conclusi!e and bindin# upon tis Court, unless tere is #ra!e abuse of discretion on te part of te *mbudsman.3& In tis case, tere is none. Pr#s%!ption of r#g%arit' was not o$#rt%rn#(" Petitioner imputes irre#ularities in te proceedin#s before te *mbudsman. e claims tat te CA and te *mbudsman sould not a!e relied on te report on te results of te audit because it "as not la"fully introduced or offered in e!idence before te *ffice of te *mbudsman. 3+ Suc alle#ation deser!es scant consideration. 4o e!idence "as presented by petitioner to pro!e suc alle#ation. As "e a!e often said, in te absence of clear and con!incin# proof to te contrary, public officers or employees are presumed to a!e performed teir official duties re#ularly, properly and la"fully. 32 esides, te report on te results of te audit "as not te sole basis for is dismissal from public ser!ice. Affida!its and testimonies of "itnesses ta;en durin# te bail earin# in te criminal case "ere also submitted as e!idence in te administrati!e case to pro!e te car#es a#ainst im. 33 In fact, te final report merely confirmed te contents of te audit report of State Auditor )arco as pointed out by Assistant *mbudsman Pela#io S. Apostol in is mar#inal note in te *rder dated 7uly &&, &>>3, "ic reads@ Te findin#s of discrepancies as contained in te audit obser!ation memorandum prepared by State Auditor 4ancy )arco "as already !erified and !alidated per C*A final audit report "ic "as indubitably considered in te draftin# of te 9uestioned
Pa#e &3 of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III on te macine per mont "as less tan te montly Gaudit salesG of State Auditor )arco. e insists tat tis pro!es tat tere "as no under remittance on is part. 6e do not a#ree. Te mere fact tat te load in te macine is less tan te Gaudit saleG does not pro!e is innocence. Rater, it only means tat eiter petitioner sold te accountable forms "itout te correspondin# documentary stamp, "ic is a clear !iolation of C)* 4o. 1=(88, or tat e used anoter macine, not autori0ed by is office, as teori0ed by State Auditor )arco. 51 To us, te discrepancy bet"een te Gaudit salesG and te actual amount remitted by petitioner is sufficient e!idence of disonesty and #ra!e misconduct "arrantin# is dismissal from public ser!ice. 6e need not belabor te point tat unli;e in a criminal case "ere proof beyond reasonable doubt is re9uired, administrati!e proceedin#s only re9uire substantial e!idence or Gsuc rele!ant e!idence as a reasonable mind may accept as ade9uate to support a conclusion.G 5& 4eiter do "e find any #ra!e abuse of discretion on te part of te CA in not considerin# te findin# of te RTC Gtat te e!idence of #uilt of petitioner is not stron#.G 5+ To be#in "it, te *rder52 dated 7anuary 5, &>>2, #rantin# petitioners application for bail, "as not attaced to te Petitio n 53 e filed "it te CA, nor "as it submitted as e!idence before te *mbudsman. 55 It is li;e"ise si#nificant to mention tat te said *rder merely resol!ed petitioners entitlement to bail. )ore important, te *mbudsman and te CA are not bound by te RTCs findin# because as a rule, administrati!e cases are independent from criminal proceedin#s.58 In fact, te dismissal of one case does not necessarily merit te dismissal of te oter.5: All told, "e find tat tere is substantial e!idence to so" tat petitioner failed to remit te amount of ₱ 3+,53:,+81.>> from te sale of accountable forms "it money !alue and documentary stamps for te period 7anuary &>>> up to *ctober &>>&. Th# O!&%(s!an has th# pow#r to (is!iss #rring p%&ic officias or #!po'##s" As a last ditc effort to sa!e imself, petitioner no" puts in issue te po"er of te *mbudsman to order is dismissal from ser!ice. Petitioner contends tat te *mbudsman in dismissin# im from ser!ice disre#arded Section 1+, subpara#rap +, Article XI of te Constitution as "ell as Section 13+of RA 4o. 588>.5= "ic only !ests in te *mbudsman te po"er to recommend te remo!al of a public official or employee. Petitioners contention as no le# to stand on. It is already "ell(settled tat Gte po"er of te *mbudsman to determine and impose administrati!e liability is not merely recommendatory but actually mandatory.G8> As "e a!e e/plained in Atty. Ledesma !. Court of Appeals,81 te fact Gtat te refusal, "itout %ust cause, of any officer to comply "it te order of te *mbudsman to penali0e an errin# officer or employee is a #round for disciplinary action under Section 13+- of RA 4o. 588>$ is a stron# indication tat te *mbudsmans recommendation is not merely ad!isory in nature but is actually mandatory "itin te bounds of la".G8&
?EREFORE, te petition is ereby 'ENIE'. te
Republic of te Pilippines
SUPREME COURT )anila TIR<
G.R. No. 114
*@%3 6, 1999
MILAGROS L. 'IA, petitioner, !s. Pa#e &5 of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III SAN'IGANBAYAN, respondent. VITUG, J.: p )ila#ros L.
Amount 4o!. 1=:>
P&3>.>>
)ar. 1=:1
38>
+:3.&
Spare parts, Pil. )ail
7un. 1=8=
3>.3
?asoline, Pil. )ail
Au#. 1=8=
1,>&>.&>
Spare parts, Pil. )ail
5:2.:
*ffice Rental, S. a#uisan TE', )ila#ros L.
Pa#e &8 of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III Spare parts, Pil. )ail
7an. 1=:>
+3+.33
Repair, Pil. )ail
*ct. 1=:>
52
Repair, Pil. )ail
25
Re#istration ee$ Pil. )ail
&3.3
*ffice Rental, S. a#uisan
Au#. 1=:1
52>
4o!. 1=:1
25:.3
Repair, Pil. )ail
7an. 1=:&
+&
)ail Carria#e, Postmaster
7an. 1=:&
5
Sept. 1=:&
&&:.22
)ail Carria#e, Postmaster
eb. 1=:&
1&.3
?asoline, Pil. )ail
eb. 1=:&
&+:.=3
are, Pedro <. Sindo
*ct. 1=:&
3
TE', )ila#ros L.
4o!. 1=:&
&3>.3
TE', )ila#ros L.
?asoline, Pil. )ail
Salary, Carlos ). Ace!edo
:+=.3= QQQQ T*TAL
P5,181.&+ &
Te audit team also found petitioner to a!e sold posta#e stamps in te sum of P:,>&>.2> "ic se ad failed to record in er cas boo;, and since ui%ada neiter considered te cas items in te aforesaid amount of P5,181.&+ as a!in# been !alidly disbursed, e reported tat petitioner ad incurred a total Gcas sorta#eG of P12,1=1.5+. e ten referred te matter to te Re#ional
GOVERNMENT CONTRACTS | SYLLABUS PART III accountable for te public funds entrusted to er by reason of er position, "it #ra!e abuse of confidence and ta;in# ad!anta#e of er public position as suc, did ten and tere "illfully, unla"fully and feloniously misappropriate, embe00le and ta;e from said public funds te amount of P12,1=1.5+, Pilippine Currency, "ic e sic appropriated and con!erted to er o"n personal use, to te dama#e and pre%udice of te #o!ernment in te aforementioned amount. C*4TRARM T* LA6. + Petitioner "as arrested by !irtue of a "arrant of arrest issued by te Sandi#anbayan. *n &2 )arc 1=:5, se posted bail in te amount of P&>,>>>.>>$ se "as fort"it ordered released from custody by te Re#ional Trial Court of Tanda#, Suri#ao del Sur, ranc XX'II. Te arrai#nment of petitioner sceduled for 13 )ay 1=:5 "as reset to 15 7une 1=:5 due to petitioners illness and later to te follo"in# mont at er re9uest. )ean"ile, petitioner filed a motion for rein!esti#ation "it te Sandi#anbayan contendin# tat te Actin# Pro!incial iscal of Tanda#, Suri#ao del Sur, "o ad conducted te preliminary in!esti#ation ultimately recommended te dismissal of te complaint on te #round tat petitioner "as able to fully account for te alle#ed sorta#e of P12,1=1.5+. Te motion "as #ranted. Te Tanodbayan rein!esti#ated te case. *n &2 April 1=:8, )ariflor Pun0alan(Castillo, te in!esti#atin# prosecutor, issued an order dismissin# te complaint on te basis of er findin# tat tere "as Gno so"in# of bad fait on te part of te accused "en se defrayed te e/penses sub%ect of te audit,G 2 tat te sorta#e "as incurred to defray operational e/penses for te Tanda# post office and tat te sorta#e in cas sould instead be blamed on te failure, or delay, of te Re#ional *ffice of te ureau of Posts in replenisin# te amount spent for office operation. Te in!esti#atin# prosecutor said@ *nly te amount of P1,8:5.:= as so far been replenised by te Re#ional *ffice. Te accountant of te Re#ional *ffice, ureau of Posts, 8.&= "as paid by te accused also pendin# replenisment from te Re#ional *ffice. Lastly, te ne" Postmaster of Tanda#, Suri#ao del Sur issued a certification tat )rs. )ila#ros
Pa#e &= of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III Tis certification is issued upon re9uest and representation by said )ila#ros
GOVERNMENT CONTRACTS | SYLLABUS PART III In er petition for re!ie" before tis Court, petitioner insists tat se did not appropriate or con!ert to er personal use te final sum of P=,:1+.== eld by te Sandi#anbayan to a!e been mal!ersed by er$ tat te amount as been used to defray te e/penses for office rentals, telepone rentals, spare parts, #asoline and re#istration fees, and tat se did a!e te correspondin# autority to pay tose items of e/penses. Te crime of mal!ersation for "ic petitioner as been indicted is defined and penali0ed under Article &18 of te Re!ised Penal Code$ its pertinent pro!isions read@ Art. &18. )al!ersation of public funds or property Q Presumption of mal!ersation. Q Any public officer "o, by reason of te duties of is office, is accountable for public funds or property, sall appropriate te same, or sall ta;e or misappropriate or sall consent, or trou# abandonment or ne#li#ence, sall permit any oter person to ta;e suc public funds or property, "olly or partially, or sall oter"ise be #uilty of te misappropriation of mal!ersation of suc funds or property, sall suffer@ / / /
///
///
2. Te penalty of r#c%sion t#!pora in its medium and ma/imum periods, if te amount in!ol!ed is more tan t"el!e tousand pesos but is less tan t"enty(t"o tousand pesos. If te amount e/ceeds te latter, te penalty sall be r#c%sion t#!pora in its ma/imum period to r#c%sion p#rp#t%a . In all cases, persons #uilty of mal!ersation sall also suffer te penalty of perpetual special dis9ualification and a fine e9ual to te amount of te funds mal!ersed or e9ual to te total !alue of te property embe00led. Te failure of a public officer to a!e duly fortcomin# any public funds or property "it "ic e is car#eable, upon demand by any duly autori0ed officer, sall be pri!a faci# e!idence tat e as put suc missin# funds or property to personal uses. Te felony in!ol!es breac of public trust, and "eter it is committed trou# (oo or c%pa te la" ma;es it punisable and prescribes a uniform penalty terefor. E!en "en te information car#es "illful mal!ersation, con!iction for mal!ersation trou# ne#li#ence may still be ad%ud#ed if te e!idence ultimately pro!es tat mode of commission of te offense. 1+ Te elements of mal!ersation of public funds are tat a- te offender is a public officer, b- e as custody or control of te funds or property by reason of te duties of is office, c- te funds or property are public funds or property for "ic e is accountable, and, most importantly, d- e as appropriated, ta;en, misappropriated or consented, or, trou# abandonment or ne#li#ence, permitted anoter person to ta;e tem. 12 Concededly, te first tree elements are present in tis case. It is te last element, i.e., "eter or not petitioner really as misappropriated public funds, "ere te instant petition focuses itself. In con!ictin# petitioner, te Sandi#anbayan cites te presumption in Article &18 of te Re!ised Penal Code tat te Gfailure of a public officer to a!e duly fortcomin# any public funds "it "ic e is car#eable, upon demand by any duly autori0ed officer, sall be pri!a faci# e!idence tat e as put suc missin# funds or property to personal uses.G Te presumption is, of course, rebuttable. Accordin#ly, if te accused is able to present ade9uate e!idence tat can nullify any li;eliood tat e ad put te funds or property to personal use, ten tat presumption "ould be at an end and te pri!a faci# case is effecti!ely ne#ated. Tis Court as repeatedly said tat "en te absence of funds is not due to te personal use tereof by te accused, te presumption is completely destroyed$ in fact, te presumption is deemed ne!er to a!e e/isted at all. 13 Te prosecution, upon "ose burden "as laden te tas; of establisin# by proof beyond reasonable doubt tat petitioner ad committed te offense car#ed, mainly relied on te statutory presumption aforesaid and failed to present any substantial piece of e!idence to indicate tat petitioner ad used te funds for personal #ain. Te e!idence submitted, %ust to te contrary, "ould point out tat not a centa!o of te so(called Gmissin# fundsG "as spent for personal use, a matter tat "as later ac;no"led#ed by te Special Prosecutor "o tereupon recommended te "itdra"al of te information earlier filed a#ainst petitioner. Te alle#ed sorta#es in te total amount of P12,1=1.5+ claimed by Auditor ui%ada ad been e/plained by petitioner. *n te day of te audit, se presented a list of cas items so"in# tat se ad spent te amount of P5,181.&+ for telepone and office
Pa#e +1 of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III rentals, spare parts of te !eicle bein# utili0ed for te deli!ery of mails, re#istration and repair of tat !eicle, #asoline, fare of an employee, te salary of anoter employee and petitioners tra!el e/pense !oucer. /6 Te auditor disallo"ed tese cas items only because at te time of audit, tese payments "ere not yet appro!ed by te Re#ional *ffice. 18 Te records, ne!erteless, "ould so" tat petitioners use of te cas in er possession for operational e/penses "as founded on !alid autority. C*A Circular 4o. 85(+8 allo"ed postmasters to ma;e payments for #asoline, spare parts and minor repairs of !eicles sub%ect to reimbursement by te Re#ional *ffice. Se ad!anced payments of salaries of employees on te basis of Circular 4o. :&(&1 issued by te Postmaster ?eneral. Te Re#ional *ffice, trou# te cief of te finance section, certified tat all te payments made by petitioner "ere le#itimate operational e/penses. E/ibit 8(a, attaced to te certificate of 1:
GOVERNMENT CONTRACTS | SYLLABUS PART III Posts under *.R. 4o. 552355: and 4o. 552358> "ere GrestitutionsG "ould seem to be less tan accurate. Te amounts "ere GreplenismentsG &: comin# from te Re#ional *ffice in cec;s issued out in petitioners name "ic se paid, after encasment, to te ureau of Posts. Te sum of P=,:>8.&= tat "as replenised, "en added to te ten items certified to be accounts payable and to t"o items replenised by cec;s issued after >2 )arc 1=:+, appro!ed as operational e/penses in te amount of P2,+88.52, totalled P12,&:2.2+, or e!en P=&.:> more tan te supposed Gsorta#eG of P12,151.5+. 6ile it "as not made clear "ic of te office e/penses ad been ta;en from te proceeds of te posta#e stamp sales, te fact still remained, ne!erteless, tat te Re#ional *ffice cleared petitioner of suc accountabilities, indicatin# at te !ery least tat se did not spend te amount for personal use. Te Court ad eretofore reco#ni0ed situations tat could necessitate te use by accountable public officials of cas on and for pertinent e/penditures in te conduct of official business. In B%ga'ong $s" P#op# , &= te Court ac9uitted an accused #o!ernment pysician of mal!ersation for a sorta#e in cas account upon audit e/amination because te collections in te ospital "ere found to a!e been used as its re!ol!in# fund for suc official e/penditures. In Pa!a 9i $s" P#op# , +> "ere donated lo#s "ere disposed of to construct municipal pro%ects, te Court eld tat if funds or property entrusted to a public officer "ere !alidly used for public purposes e sould not be eld liable for mal!ersation. Te Sandi#anbayan noticeably depended on te recommendations of C*A in con!ictin# appellant. Te Court could not elp but obser!e tat upon bein# informed tat te ureau of Posts ad reimbursed te entire amount alle#ed to be er sorta#e, Auditor ui%ada opined tat is audit report ad to be altered to reflect tat fact. Auditor ui%adas ac9uiescence to te alteration of is report to conform to te ad!ice "ould someo" manifest tat te audit "as not conducted "it sufficient torou#ness. In Tinga $s" P#op# , +1 te Court said@ At tis %uncture, it may not be amiss to state tat considerin# te #ra!ity of te offense of )al!ersation of Public unds, %ust as #o!ernment treasurers are eld to strict accountability as re#ards funds entrusted to tem in a fiduciary capacity, so also sould e/aminin# C*A auditors act "it #reater care and caution in te audit of te accounts of suc accountable officers to a!oid te perpetration of any in%ustice. Accounts sould be e/amined carefully and torou#ly to te last detail, "it absolute certainty in strict compliance "it te )anual of Instructions. Special note sould be ta;en of te fact tat disallo"ances for lac; of pre(audit are not necessarily tantamount to mal!ersation in la". Imperati!e it is li;e"ise tat sufficient time be #i!en e/amined officers to reconstruct teir accounts and refute te car#e tat tey ad put #o!ernment funds to teir personal uses. Access to records must be afforded tem "itin a reasonable time after audit "en disbursements are still fres in teir minds and not years after "en rele!ant official records may no lon#er be a!ailable and te passa#e of time as blurred uman memory.+& In
Pa#e ++ of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III dis9uisition, is one suc instance.1âwphi1"n:t 6ERE*RE, te decision of te Sandi#anbayan appealed from is SET ASI
Republic of te Pilippines
SUPREME COURT IRST
G.R. No. 16169
@/3 9, &&
ATTY. RONAL'O P. LE'ESMA, Petitioners, !s.
ON. COURT OF APPEALS, ON. ANIANO A. 'ESIERTO, * 23 O#$@+#*, ON. ABELAR'O L. APORTA'ERA, * 23 A2*2 O#$@+#*, *+ O#$@+#* F2 F*+*- *+ I*2"//-"*" B@%"@, %"%""*2"+ $3 '%"2o% AGAPITO ROSALES, Res"ondents.
YNARESSANTIAGO, J .D Tis petition for re!ie" on certiorari see;s to re!erse and set aside te decision1 dated Au#ust &:, &>>+ and te resolution& dated 7anuary 13, &>>2 of te Court of Appeals + in CA(?.R. SP 4o. 3:&52 "ic affirmed "it modification public respondents 1- 7oint Resolution dated 7anuary &&, 1===, "ic ordered, amon# oter tin#s, petitioners suspension for one 1- year for conduct pre%udicial to te ser!ice$ and &- *rder dated ebruary :, &>>>, as reiterated in a )emorandum dated )arc 18, &>>>, "ic denied petitioners motion for reconsideration but reduced is suspension to nine =monts "itout pay. Te Court of Appeals modified te abo!e issuances by furter reducin# petitioners suspension from nine =- monts to si/ 5- monts and one 1- day "itout pay. 2 Petitioner Atty. Ronaldo P. Ledesma is te Cairman of te irst (=:(>&12 criminal aspect-, for nine =- counts of !iolation of te Anti(?raft and Corrupt Practices Act and for falsification of public documents, and *)(A<)(>(=:(>>+: administrati!e aspect-, for nine =- counts of
GOVERNMENT CONTRACTS | SYLLABUS PART III Conduct Pre%udicial to te Interest of te Ser!ice$ &. Te instant case a#ainst ATTM. ARTEL . CAR*4*4?A4 be
GOVERNMENT CONTRACTS | SYLLABUS PART III 6e are not persuaded. In is attempt to escape liability, petitioner undermines is position in te I< and is role in te processin# of te sub%ect applications. ut by is o"n admission, 12 it appears tat te SI not only transmits te applications for TR' e/tension and its supportin# documents, but more importantly, it inter!ie"s te applicants and e!aluates teir papers before ma;in# a recommendation to te *C. Te SI re!ie"s te applications and "en it finds tem in order, it e/ecutes a )emorandum of Transmittal to te *C certifyin# to te re#ularity and propriety of te applications. In Arias $" San(igan&a'an ,13 "e stated tat all eads of offices a!e to rely to a reasonable e/tent on teir subordinates. Practicality and efficiency in te conduct of #o!ernment business dictate tat te #ritty details be sifted and re!ie"ed by te time it reaces te final appro!in# autority. In te case at bar, it is not unreasonable for te *C to rely on te e!aluation and recommendation of te SI as it cannot be e/pected to re!ie" e!ery detail of eac application transmitted for its appro!al. Petitioner bein# te Cairman of te irst , oter"ise ;no"n as Te *mbudsman Act of 1=:=, "as passed into la" on 4o!ember 18, 1=:= and pro!ided for te structural and functional or#ani0ation of te *ffice of te *mbudsman. RA 588> mandated te *mbudsman and is deputies not only to act promptly on complaints but also to enforce te administrati!e, ci!il and criminal liability of #o!ernment officers and employees in e!ery case "ere te e!idence "arrants to promote efficient ser!ice by te ?o!ernment to te people.1=
Pa#e +5 of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III Te autority of te *mbudsman to conduct administrati!e in!esti#ations as in te present case is settled.&> Section 1= of RA 588> pro!ides@ SEC. 1=. A(!inistrati$# Co!paints . D Te *mbudsman sall act on all complaints relatin#, but not limited to acts or omissions "ic@ 1- Are contrary to la" or re#ulation$ &- Are unreasonable, unfair, oppressi!e or discriminatory$ +- Are inconsistent "it te #eneral course of an a#encys functions, tou# in accordance "it la"$ 2- Proceed from a mista;e of la" or an arbitrary ascertainment of facts$ 3- Are in te e/ercise of discretionary po"ers but for an improper purpose$ or 5- Are oter"ise irre#ular, immoral or de!oid of %ustification. Te point of contention is te bindin# po"er of any decision or or der tat emanates from te *ffice of te *mbudsman after it as conducted its in!esti#ation. nder Section 1++- of Article XI of te 1=:8 Constitution, it is pro!ided@ S#ction 16 . Te *ffice of te *mbudsman sall a!e te follo"in# po"ers, functions, and duties@ ... +-
Pa#e +8 of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III +-
GOVERNMENT CONTRACTS | SYLLABUS PART III recommended te appro!al of te &8 resolutions for te creation of te office of te *mbudsman, but not"itstandin# te e/plicit purpose enunciated in tat report, te implementin# la" D te last one, P.<. 4o. 15+>Qdid not follo" te main trus t$ instead it created te Tanodbayan, ... ... )R. )*4S*<@ reactin# to statements of Commissioner las *ple-@ )ay "e %ust state tat peraps te onorable Commissioner as loo;ed at it in too muc of an absolutist position, Te *mbudsman is seen as a ci!il ad!ocate or a campion of te citi0ens a#ainst te bureaucracy, not a#ainst te President. *n one and, "e are told e as no teet and e lac;s oter tin#s. *n te oter and, tere is te interpretation tat e is a competitor to te President, as if e is bein# brou#t up to te same le!el as te President. 6it respect to te ar#ument tat e is a tootless animal, "e "ould li;e to say tat "e are promotin# te concept in its form at te present, &%t w# ar# aso sa'ing that h# can #4#rcis# s%ch pow#rs an( f%nctions as !a' pro$i(#( &' aw in accor(anc# with th# (ir#ction of th# thining of Co!!ission#r Ro(rigo" ;# (i( not thin that at this ti!# w# sho%( pr#scri this) &%t w# #a$# it %p to Congr#ss at so!# f%t%r# ti!# if it f##s that it !a' n##( to (#signat# what pow#rs th# O!&%(s!an n##( in or(#r that h# !or# #ff#cti$#" This is not for#cos#(" So, is is a re!ersible disability, unli;e tat of a eunuc$ it is not an irre!ersible disability. Empasis supplied-&= It is tus clear tat te framers of our Constitution intended to create a stron#er and more effecti!e *mbudsman, independent and beyond te reac of political influences and !ested "it po"ers tat are not merely persuasi!e in caracter. Te Constitutional Commission left to Con#ress to empo"er te *mbudsman "it prosecutorial functions "ic it did "en RA 588> "as enacted. In te case of U' $" San(igan&a'an ,+> it "as eld@ Clearly, te Pilippine *mbudsman departs from te classical *mbudsman model "ose function is merely to recei!e and process te peoples complaints a#ainst corrupt and abusi!e #o!ernment personnel. Te Pilippine *mbudsman, as protector of te people, is armed "it te po"er to prosecute errin# public officers and employees, #i!in# im an acti!e role in te enforcement of la"s on anti(#raft and corrupt practices and suc oter offenses tat may be committed by suc officers and employees. Te le#islature as !ested im "it broad po"ers to enable im to implement is o"n actions. ...+1 In li#t of te fore#oin#, "e old tat te Court of Appeals did not commit any error in findin# te petitioner #uilty of conduct pre%udicial to te interest of te ser!ice and reducin# petitioners period of suspension to si/ 5- monts and one 1- day "itout pay, ta;in# into account te education and len#t of ser!ice of petitioner.
?EREFORE, te instant petition is 'ENIE'. Te
Republic of te Pilippines
SUPREME COURT )anila 1& R*)E* ). )*4TALLA4A !. *ICE * *)
PERALTA, .D Tis is a petition for re!ie" on c#rtiorari assailin# te
GOVERNMENT CONTRACTS | SYLLABUS PART III Te
factual
and
procedural
antecedents
are
as
follo"s@
In te early ours of Au#ust 1:, &>>1, fire struc; and en#ulfed te )anor otel in Bamias Road, ue0on City, claimin# te li!es of se!enty(four people and seriously in%urin# se!eral oters. To determine te officials and persons responsible for tis tra#edy, an in!esti#ation "as conducted by te act(indin# U Intelli#ence ureau I- of te *ffice of te *mbudsman *)-. Te I found tat te fire tat consumed te )anor otel "as attributable to te otels faulty electrical "irin# systems. It concluded tat, ad it not been for te #ross ne#li#ence of te public officials of te local #o!ernment of ue0on City, "o "ere in car#e in te licensin# operations of te )anor otel, te incident "ould not a!e appened. Conse9uently, a formal complaint "as filed a#ainst petitioner, "it se!eral oter public officials, before te Administrati!e Ad%udication ureau of te *), for ?ra!e )isconduct, Conduct Pre%udicial to te est Interest of te Sendee and ?ross 4e#li#ence doc;eted as *)(A<)(>(>1(>+85 *)(>(>1(>53=- and for 'iolation of Section 2, Republic Act R.A.- 4o. 581+, doc;eted as *)( A<)(*(*i(>+=> *)(>(>1(>58=-. Te complaint alle#ed, amon# oter tin#s, tat@ 1. rom 1==3 up to &>>>, te Electrical (11:12 "ic "as made as an attacment to te application of )anor otel for businessFmayors permit for &>>1. 2. Te Annual 4otice of Electrical Inspection dated ebruary 13, &>>1 conducted by ?erardo R. 'illasenor, Electrical Inspector, concurred by En#r. Rodel A. )esa and petitioner, so"s tat )anor otel as only := air(conditionin# units at te time of inspection disclosin# a #reat disparity as to te true electrical load of te )anor otel at te time of te incident. 3. Te Electrical >>, four 2- electrical meters of te )anor otel "ere disconnected by )ERALC* due to %umper connections.H+
Pendin# in!esti#ation, petitioner and is co(respondents "ere pre!enti!ely suspended. *n September &2, &>>1, petitioner filed is Counter(Affida!it.H2 *n ebruary &>, &>>&, petitioner filed is Consolidated )emorandum.H3 or is part, petitioner raised te follo"in# defenses@ 1. H<urin# is incumbency as Cief of te Electrical >>, Electrical Inspector 'illasenor inspected te electrical systems of )anor otel and submitted to im te 4otice of Annual Inspection dated ebruary 13, &>>1 "it 4o. >1(>>:=5, "it a Certification by Ed#ardo ). Pa#e 2> of 25
GOVERNMENT CONTRACTS | SYLLABUS PART III )erida, a licensed electrical contractor, to te effect tat te electrical installations and e9uipments at te otel "ere inspected and tested by te latter and found to be in safe condition. e )ontallana- si#ned and appro!ed te same based on te facts set fort terein, relyin# in #ood fait on te correctness of te entries made by is inspectors. +. Te re9uested official records "ic could pro!e tat mandatory annual electrical inspection "ere conducted at te )anor otel from 1==3 to &>>> cannot be produced as tese could a!e been lost due to fre9uent transfers of office and lac; of stora#e rooms or "ere amon# tose dama#ed by te fire tat ra0ed te ue0on City all main buildin# sometime in Au#ust 1==:. 2. Assumin# tere "as misrepresentation as to te true electrical status of te )anor otel on te latest inspection conducted si/ 5- monts prior to te sub%ect fire incident, as a superior officer, e cannot be eld liable for te acts of is subordinates as e only based is appro!al on teir reports.H5
*n 7une 18, &>>+, te In!esti#atin# Panel of te *) rendered a
?EREFORE,
premises
considered,
"e
rule
and
so
old
as
follo"s@
OMBA'M&&1&476D
1-. a-.
/
/
/
/
b-.
/
/
/
/
c-. Respondents / / / ROMEO M. MONTALLANA / / /, are ereby found GUILTY OF
CON'UCT PREU'ICIAL TO TE BEST INTEREST OF TE SERVICE AN' GROSS NEGLECT OF 'UTY , and for "ic tey are ereby meted te penalty of 'ISMISSAL FROM TE SERVICE ?IT ALL ITS ACCESSORY PENALTIES . / Te
/ onorable
)ayor
/ of
ue0on
City,
/ and
te
onorable
Secretary of te
SO OR'ERE'.H:
*n 7uly &5, &>>2, te *ffice of te Special Prosecutor of te *) issued a )emorandumH= "ic modified .te 7oint
GOVERNMENT CONTRACTS | SYLLABUS PART III dispositi!e portion of "ic reads@ 6ERE*RE, in !ie" of te fore#oin#, tere a!in# been no co#ent and con!incin# ar#uments and pieces of e!idence to set aside te assailed )emorandum, te undersi#ned prosecution officers respectfully recommend tat te motions for reconsideration filed by erein accused be
4ot satisfied, petitioner sou#t recourse before te CA, doc;eted as CA(?.R. SP 4o. =+:=:. *n )ay &:, &>>8, te CA rendered a
In rulin# a#ainst petitioner, te CA ratiocinated tat bet"een petitioners unsubstantiated denials of te irre#ularities made in te electrical inspection of te )anor otel and te cate#orical findin#s of te in!esti#ators, tere is no room for a contrary conclusion tat petitioner is indeed administrati!ely liable for is ne#li#ence. Te CA eld tat petitioner cannot attribute te fault to is subordinates. As ead of office and te final appro!in# autority of te Electrical >8. ence, te petition assi#nin# te follo"in# errors@ TE C*RT * APPEALS ?RA'ELM ERRE< I4
Petitioner maintains tat prior to te incident at te )anor otel, te Electrical >1 to te o"ner of )anor otel. Te notice bore te si#nature of te t"o inspectors, "o bot certified tat te electrical installations and e9uipment at te )anor otel "ere inspected and tested by tem and found to be in safe condition. Petitioner ten affi/ed is
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GOVERNMENT CONTRACTS | SYLLABUS PART III si#nature tereon si#nifyin# is appro!al of te reports made by is subordinates. Petitioner insists tat e si#ned te 4otice of Annual Inspection in #ood fait. is act of si#nin# te notice is incidental to is function as Actin# Cief of te Electrical >1. Petitioner submits tat is failure to present copies of prior notice of inspection reports made on te )anor otel "as due to te fact tat te otel "as constructed and completed prior to te creation of te Electrical
petition
is
bereft
of
merit.
?ross ne#lect of duty or #ross ne#li#ence refers to ne#li#ence caracteri0ed by te "ant of e!en sli#t care, actin# or omittin# to act in a situation "ere tere is a duty to act, not inad!ertently but "illfully and intentionally, "it a conscious indifference to conse9uences, insofar as oter persons may be affected. It is(te omission of tat care "ic e!en inattenti!e and tou#tless men ne!er fail to #i!e to teir o"n property. In cases in!ol!in# public officials, tere is #ross ne#li#ence "en a breac of duty is fla#rant and palpable.H&> True, tis Court as eld in se!eral cases tat in te absence of substantial e!idence of #ross ne#li#ence of te petitioner, administrati!e liability could not be based on te principle of command responsibility.H&1 o"e!er, in te case at bar, te findin#s of te *ffice of te *mbudsman, as affirmed by te CA, clearly establis te ne#li#ence of petitioner in te performance of is duties as ead of te Electrical
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GOVERNMENT CONTRACTS | SYLLABUS PART III A. ormulate, e!aluate and super!ise te electrical aspects of te construction pro%ects underta;en by te city$ . Inspect te electrical installations of te ne"ly constructed structures in te City and %n(#rta# ann%a insp#ctions of #4isting ##ctrica instaations $ C. E!aluate and process applications for "irin# permits and electrical certificates$ and <. Perform oter related functions as may be re9uired by te practice of Electrical En#ineerin# as per re9uirements of te Pilippine Electrical Code, te R.A. 1:2 and oter related la"s arid ordinances.H&+
Tus, it "as incumbent on petitioner as ead of te Electrical >> and &>>1, "itout te necessary re9uirements for obtainin# te same suc as a Certificate of Electrical Inspection. Tus, for tese years, tere "as no electrical inspection conducted. urter, te otel did not apply and secure a business permit for year 1==5, 1==8, 1==: and it as no business permit at te time of te incident. Since tere "as no application for a business permit, tere "as li;e"ise no referral for an electrical inspection to te Electrical >1 does not per se pro!e tat an inspection "as indeed conducted. If it "ere so, te e/cess on te electrical load and te %umper connections "ould a!e been disco!ered tat could a!e pre!ented te incident, te pro/imate cause of "ic "as te electrical o!erload. 3. Te Ans"er of )anuel S. aduria, Sr. ( ire )arsall I stated tat te fire "as caused by electrical i#nition and tat it "as not is duty to re#ulateFinspect te installation of electrical "irin#s in buildin#s and establisments as it is incumbent upon te Electrical
GOVERNMENT CONTRACTS | SYLLABUS PART III responsibility to conduct te annual inspection of te electrical installations of all te business establisments "itin te city. 8. Te Ans"er of En#r. Rodel A. )esa, Inspector En#ineer II, Electrical >1 did not pass trou# te normal cannel and "as processed and issued "itout is ;no"led#e and recommendation. e stressed tat te payment of fees correspondin# to te electrical loads and te issuance of te Certificate "ere all done in te same day, April 15, &>>1 and "as presented to im for is initial only on April 18, &>>1, after it "as already issued. Suc incident is not an isolated case as tere "ere oter instances tat te annual notice did not pass trou# im for reasons ;no"n only to is collea#ues. e tried to con!ey suc practice to is superior referrin# to petitioner- but no positi!e action "as ta;en tereon. :. Te Electrical Report 4o. >:(&=(>1 of En#r. >1 does not cate#orically pro!e tat te inspection "as conducted considerin# tat it contains misrepresentations as to te true electrical status of )anor otel. 1>. Petitioner made conflictin# statements about is and in te appro!al and si#nin# of suc 4otice. In tis petition and in te Consolidated )emorandum e stated tat e si#ned and appro!ed te 4otice of Annual Inspection "ile in is )otion for Reconsideration e stated tat e did not si#n nor initial said 4otice, but it "as En#r. Rodel A. )esa "o did so. Tis only so"s tat petitioner "as not sure as to is stand as to "eter an inspection "as conducted. 11. 6ile denyin# is participation in te 4otice of Annual Inspection dated ebruary 13, &>>1, petitioner ne!erteless used tis 4otice as is only proof tat inspection "ere re#ularly conducted.H&2
Te purpose of administrati!e proceedin#s is mainly to protect te public ser!ice, based on te time( onored principle tat a public office is a public trust.H&3 rom te fore#oin#, petitioners ne#li#ence in te performance of is duties as a public ser!ant "as "ell establised. In administrati!e proceedin#s, te 9uantum of proof necessary for a findin# of #uilt is substantial e!idence, i"#", tat amount of rele!ant e!idence tat a reasonable mind mi#t accept as ade9uate to support a conclusion.H&5 Suffice it to state tat in tis %urisdiction te "ell(settled rule is tat te findin#s of fact of administrati!e bodies, if based on substantial e!idence, are controllin# on te re!ie"in# autority. It is settled tat it is not for te appellate court to substitute its o"n %ud#ment for tat of te administrati!e a#ency on te sufficiency of te e!idence and te credibility of te "itnesses. Administrati!e decisions on matters "itin teir %urisdiction are entitled to respect and can only be set aside on proof of #ra!e abuse of discretion, fraud or error of la".H&8 Conse9uently, te CA correctly affirmed te conclusion of te *ffice of te *mbudsman. )oreo!er, te issue of "eter petitioners #uilt on te administrati!e car#es a#ainst im is supported by substantial e!idence is factual in nature, te determination of "ic is beyond te ambit of tis Court. Te tas; of tis Court in an appeal by petition for re!ie" on certiorari as a %urisdictional matter is limited to re!ie"in# errors of la" tat mi#t a!e been committed by te CA. H&: Te Supreme Court cannot be tas;ed to #o o!er te proofs presented by te petitioner in te proceedin#s belo" and analy0e, assess and "ei# tem to ascertain if te court a .%o and te appellate court "ere correct in teir appreciation of te e!idence.H&= Tis Court as time and a#ain Pa#e 23 of 25