CA upholds dismissal of Catanduanes officials over overpriced fertilizers
Citing the need to punish erring public officials to preserve the people’s faith in government, the Court of Appeals (CA) has upheld the dismissal and suspension of Catanduanes local officials for the procurement of overpriced fertilizers from an unlicensed merchant using allocations from the controversial P728-million fertilizer fund in 2004.
In a 13-page decision, the appellate court’s thirteenth division upheld the Office of the Ombudsman’s 2011 decision to dismiss four provincial officials and to suspend three others for purchasing P1.75 million worth of liquid fertilizers at P1,500 per bottle—a price padded by more than 300 percent according to a Commission on Audit report.
The CA also noted how the fertilizers, supposedly for the improvement of farm yields in Catanduanes, were procured without public bidding from Greens International Enterprises, a firm that at the time had no license to operate.
“Public office is a public trust. All government officials and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives,” read the April 17 ruling released just this week.
The ponencia penned by Associate Justice Sesinando Villon also reminded public servants how penalties imposed on erring officials helped retain public confidence in governance.
Public faith, confidence in gov’t
“The imposition of the correct disciplinary meaures upon erring public officials and employees has the primary objective of the improvement of public service and the preservation of the public’s faith and confidence in the government,” the ruling read.
The ruling upheld the dismissal of Rodolfo Maliñana, then Catanduanes provincial engineer, Ireneo del Rosario, budget chief, Roger Pitajen, administrative officer IV at the provincial general services office, and Herbert Evangelista Sr., provincial agriculturist.
The four also forfeited all their benefits and were perpetually disqualified from holding public office.
The CA also upheld the three-month suspension of provincial treasurer Julietta Tasarra, accountant Abelardo Abundo Jr. and Hilda Arcilla for simple neglect of duty. Of the seven, Arcilla did not join the review petition.
The amount used for the purchase was part of a P5-million allocation downloaded from the total fertilizer fund on the authority of former Agriculture Undersecretary Jocelyn “Joc-Joc” Bolante.
The official was accused of diverting the multimillion fund to the now detained former President Macapagal-Arroyo’s 2004 presidential campaign.
Last year, the Ombudsman cleared Arroyo of liability in the scam. The Sandiganbayan meanwhile directed the Ombudsman to file additional evidence to bolster its allegations of plunder against Bolante, having found no probable cause to prosecute the former official.
Ruling on a petition for review filed by the six respondents, the CA threw out allegations that the Ombudsman “had committed serious error” in holding them administratively liable for their offenses.
“It is well settled that findings of fact by the Office of the Ombudsman are conclusive when supported by substantial evidence … There being substantial evidence of adminsitrative liabiliy against petitioners, we find no cogent reason to depart from this rule,” said the court. RC
