Appeals court upholds PNP official’s dismissal over chopper purchase

A Robinson R-44 Raven, one of two sold to the police as brand-new, is parked at the PNP hangar in the Manila International Airport Authority compound in Pasay City. Inset is the picture of former First Gentleman Jose Miguel Arroyo. INQUIRER FILE PHOTO

MANILA, Philippines—The Court of Appeals has upheld the Ombudsman’s dismissal of a former legal services head of the Philippine National Police for his involvement in Camp Crame’s anomalous purchase of second-hand helicopters at a cost of P105-million in 2009, a case that brought to court the police force’s top brass and former president Gloria Macapagal-Arroyo’s husband, Jose Miguel Arroyo.

In a resolution dated July 24 but released only this week, the appellate court’s 17th division junked former PNP Legal Services Director Herold Ubalde’s plea to reverse the Ombudsman’s May 30, 2012 resolution dismissing him from service and its subsequent Nov. 5. 2012 order denying his appeal of the ruling.

The court ruled that Ubalde, a member of the PNP Bids and Awards Committee at the time of the acquisition, was rightfully stripped of his badge for his role in the anomalous purchase, as proved by irrefutable evidence.

“After scrutiny of the records of the case, we find that the petitioner pointed to no specific act on the part of the Ombudsman that warrants a reversal of its challenged dispositions,” said the appellate court in its resolution penned by Justice Normandie Pizarro.

“When the findings of fact of the Ombudsman are supported by substantial evidence, it should be considered as conclusive. In this case, we find no reason to disturb the factual findings of the Ombudsman, the same being supported by substantial evidence,” the court said.

The Ombudsman had found Ubalde guilty of “serious dishonesty and conduct prejudicial to the best interest of the service,” a case filed alongside his indictment for the questionable purchase of used helicopters that were made to appear as brand new.

Ubalde was among 20 PNP officials charged with graft along with Arroyo in June 2012 for the anomalous sale of two second-hand Robinson Raven I helicopters to the police force in 2009, in violation of a supply contract that required the purchase of brand-new and fully equipped choppers.

First bared by then Sen. Panfilo Lacson in 2011, the anomaly also brought to trial the former PNP chief, Director General Jesus Verzosa, and Hilario de Vera, president of PNP supplier Manila Aerospace Products Trading Corporation (Maptrac).

The PNP had then contracted Maptrac for the P105-million purchase of three brand-new and fully-equipped Light Operational Police Helicopters, per specifications approved by the National Police Commission, the administrative agency that oversees the police force.

Citing records, the Court of Appeals said Maptrac had “fraudulently delivered” only one brand new chopper, a Robinson Raven II, and two second-hand helicopters that turned out to have belonged to the Mike Arroyo.

The two units were allegedly among five choppers Arroyo had purchased for air support for his wife’s 2004 presidential campaign.

“By reason thereof, undue injury was caused to the government and unwarranted benefits were given to certain individuals,” the appellate court said.

The appellate court also agreed with the Ombudsman’s findings that Maptrac was “technically and financially not qualified” to supply choppers to the PNP.

In upholding the Ombudsman’s resolution, the Court of Appeals shot down Ubalde’s claim that he could not be faulted for contracting Maptrac as he was not aware of its ineligibility and that “he diligently reviewed the documents submitted to him as a BAC member and found the same to be in order.”

“We recognize the expertise and independence of the Ombudsman and will avoid interfering with its findings absent a finding of grave abuse of discretion. All told, it appearing that the petition is without merit, the same is dismissed,” the court ruled.