SC affirms dismissal of 3 officials in overpriced boulevard

MANILA, Philippines—The Supreme Court affirmed with finality the dismissal of three officials of the Public Estates Authority (now the Philippine Reclamation Authority) implicated in the cost padding of the P1.1-billion, five-kilometer President Diosdado Macapagal Boulevard in Pasay City.

In a 15-page decision, the high court, through Associate Justice Jose Catral Mendoza, denied the consolidated petitions of Theron Vl Lacson, PEA general manager for finance; Jaime Millan, assistant general manager; and Bernardo Viray, technical services general manager.

The high court said the PEA officials should have filed their appeal with the proper agency, the Civil Service Commission (CSC).

“For their failure to appeal to the proper forum, the decision of the PEA dismissing them has become final and executory. It should be emphasized that ‘the right to appeal is a statutory right and the party who seeks to avail himself of the same must comply with the requirements of the law. Failure to do so, the right to appeal is lost.’ As petitioners’ dismissal has become final and executory, the Court no longer has the power to review and act on the matter,” the high court said.

The high court said rights to due process and security of tenure of the petitioners were not violated since they were given enough time to explain their side before the Presidential Anti-Graft Commission (PAGC).

“Petitioners actively participated in the proceedings before the PAGC where they were afforded the opportunity to explain their actions through their memoranda….In sum, the removal from office of petitioners was valid. PEA dismissed them for cause and in accordance with the requisites of due process,” the high court said.

In 2002, a certain Sulficio O. Tagud filed a complaint with the Office of the Ombudsman accusing the officials of overpricing the road project.

After an investigation, the Ombudsman filed a criminal case against them. PAGC, meanwhile, requested the Ombudsman that administrative proceedings be conducted against the officials, and the latter recommended their dismissal.

The Office of the President also affirmed the findings of the PAGC. The officials filed an appeal with the Court of Appeals, which it turned down.

PEA has since been abolished and renamed Philippine Reclamation Authority.