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The Supreme Court En Banc on January 24, 2023, dismissed the  Joint Petition of Certiorari filed in 2020 by three former officials of the  Municipality of Buguias, Benguet assailing the decision of the Court of  Appeals which affirmed the ruling of the Office of the Ombudsman finding them guilty of grave misconduct and conduct prejudicial to the  best interest of the service (with one petitioner specifically guilty of  serious dishonesty) and dismissing them from government service. 

In the case of Anecita C. Suyat, Asano E. Aban, and Marcelino P.  Endi v. Court of Appeals, Office of the Ombudsman, and Commission on  Audit (G.R. Nos. 251978-80), the Court found that in 2004, the former  Benguet municipal officials facilitated the irregular disbursement of  P1,049,992.00 to a contractor/supplier of fungicides and insecticides  intended as farming inputs for local farmers.  

Based on the findings and accompanying notice of disallowance of  the Commission on Audit, the Task Force Abono of the Office of the  Ombudsman-Field Investigation Office filed the appropriate  administrative case against the petitioners due to their violation of R.A. No. 9184, otherwise known as the Government Procurement Reform Act  (GPRA).  

In the Ombudsman’s Decision, petitioners were found to have  facilitated the anomalous transaction without proper resort to alternative  methods of procurement as provided in the GPRA, even if it was a newly  enacted statute at the time. 

In a Decision penned by Associate Justice Samuel H. Gaerlan, the  Court En Banc found that the lack of the required documentation of the  procurement process, the likely intentional omission of dates on the bare  documentation available, the blatant reference to brand names of  pesticides, the uncannily exact match between the estimated unit costs  in the purchase request and the offered quotations of the winning  supplier, the overall absence of any prior written approval of the  municipal mayor, and other gross anomalies on record had all  collectively constituted a stain on the reputation of Philippine public  service.  

The Court said that it did not matter that the municipality’s bids  and awards committee and its functions had been suspended, or that the  municipal mayor may have exerted undue pressure or influence on  petitioners. Petitioners still failed to discharge their duties as municipal  officials and public officers in compliance with the exacting standards  required of them. Hence, their dismissal from the service and other  attendant penalties were justified.

The Court added that even if petitioners were acquitted alongside  the then-municipal mayor in related criminal proceedings before the  Sandiganbayan 7th Division, the disposition of their administrative cases  still stood, as administrative cases are independent from criminal  proceedings, and the dismissal of the latter on grounds of insufficiency of  evidence will not preclude the determination of the former.  

The Court found that there was enough substantial evidence on  record to hold petitioners administratively liable for their transgressions  as municipal officials, and these became the basis for the findings of the  Ombudsman. Said findings, absent any showing of grave abuse of  discretion on the Ombudsman’s part, were considered conclusive upon  the Court following standing jurisprudence. 

The Supreme Court Public Information Office will upload the  decision to the SC website once it receives an official copy from the Office  of the Clerk of Court En Banc(Courtesy of the Supreme Court Public  Information Office)