CA denies DA official’s bid to reverse guilty charge over fertilizer fund scam

The Court of Appeals CONTRIBUTED PHOTO/COURT OF APPEALS WEBSITE

MANILA, Philippines—The Court of Appeals (CA) denied the bid of an official of the Department of Agriculture (DA) to reverse the Ombudsman’s decision finding him guilty of grave misconduct and dismissing him from service in connection with the fertilizer fund scam.

In a decision dated Feb. 5, the appeals court through Associate Justice Noel Tijam said Hector M. Sales, designated as officer in charge regional executive director (OIC-RED) of the DA Regional Field Office No. 5 (DA-RFU), raised an argument that is not applicable to his case.

Sales, in his petition, invoked the Arias doctrine where an official was cleared for acts committed by his subordinates.

But the appeals court said the Arias doctrine was for criminal cases only while Sales’ case is administrative.

“What is clear is that petitioner merely signed the MOA and left the task of scrutinizing the details of and the implementation of the MOA to his subordinates. Now, petitioner throws the blame to his subordinates claiming that he relied on their representations,” the appeals court said.

Sales and several others were found guilty of gross misconduct causing their dismissal from service, forfeiture of their benefits and perpetual disqualification for reemployment in the government.

The Task Force Abono discovered the scam based on the paper trail of vouchers, receipts, reports and actual canvass of the price of foliar fertilizer.

The P728-million fund scam was allegedly diverted to former President Gloria Macapagal-Arroyo’s 2004 campaign.

The Ombudsman, however, last year cleared Arroyo of involvement in the scam.