Court of Appeals orders reinstatement of Coast Guard officer
MANILA, Philippines – The Court of Appeals (CA) has reversed its 2018 ruling and ordered the reinstatement of a Philippine Coast Guard (PCG) officer who was dismissed for questionable purchase of information technology equipment apparently for surveillance operations in the West Philippine Sea.
In an amended decision written by Associate Justice Apolinario D. Bruselas Jr., the CA ordered the reinstatement of PCG Commander Ivan Roldan, who was dismissed by the Office of the Ombudsman for serious dishonesty, grave misconduct and conduct prejudicial to the best interest of the service.
He was dismissed from service by the Office of the Ombudsman for purchasing office supplies and information technology equipment in 2013 without following the procedures under the Government Procurement Reform Act.
Roldan went to the Court of Appeals but lost his case in 2018.
He filed a motion and the CA reversed its 2018 ruling.
‘National emergency’
In justifying the purchases, Roldan cited the stress of a national emergency because of the territorial dispute in the West Philippine Sea.
He said the purchased equipment was for the use of the Coast Guard Intelligence Force (CGIF) who was at that time required to be prepared for any contingency and to maintain high degree of operational readiness.
Roldan was then deputy commander of CGIF.
Roldan said the Department of Foreign Affairs (DFA) had acknowledged PCG’s efforts and its contributions to the filing of a case against China before the International Arbitral Tribunal where the Philippines eventually won.
Roldan told the CA that the CGIF’s task was to monitor the activities affecting the Philippine coasts in Bajo de Masinloc and the Kalayaan Group of Islands.
Not convinced
In its 2018 ruling, the CA said Roldan and his group failed to justify resorting to the alternative methods of purchase.
It also stated in its decision that it was “unconvinced by Cdr. Roldan’s contention that the purchase of the items using the Special Cash Advances (SCAs) granted to him constituted emergency purchases wherein public bidding could be dispensed with.”
‘Justified purchase’
The CA, in reversing itself said Roldan was able to justify the need to immediately purchase the needed equipment.
“We again carefully reviewed the arguments presented by Cdr. Roldan and we hold that the subject purchases were actually made under the stress of an emergency,” the CA said.
“It was not disputed that the West Philippine Sea crisis during the period 2013 to 2015 was indeed a major security issue,” the CA admitted.
Under Article I, of the Government Procurement Act, acquisition of goods by any branch, department, office, agency, or instrumentality of the government shall be done through competitive bidding.
Exceptional cases
Alternative methods of procurement, however, are allowed under R.A. No. 9184 which would enable dispensing with the requirement of open, public and competitive bidding, but only in highly exceptional cases.
Section 429 of the Government Accounting and Auditing Manual (GAAM) likewise provides for other modes of procurement of supplies which may be made without the benefit of public bidding, which include, among others, emergency purchases.
The CA said Roldan’s situation falls under the exceptional cases as well as can be considered an emergency purchase.
“Considering that the subject purchases were made under the stress of an emergency wherein immediate action was necessary in order to prevent damage to or loss of life or property and to secure the State’s sovereignty and national territory, we are of the reconsidered opinion that Cdr. Roldan did not violate R.A. No. 9184 or any other procurement rules,” the CA said.
It also noted that all cash advances by Roldan have been properly documented and liquidated.
Exoneration
“As a consequence, Cdr. Roldan’s exoneration is in order.”
“There are quite a number of abusive, misbehaving and dishonest men in the uniformed service but the facts and circumstances obtaining herein, do not count Cdr. Roldan, who has logged in many years of service to the country as being among such men,” the CA said recognizing Roldan’s unblemished two decades of service.
Concurring in the decision are Associate Justices Myra V. Garcia-Fernandez and Ronaldo Roberto B. Martin. / gsg
