THE Supreme Court has overturned a ruling of the Court of Appeals stopping the suspension of a police official implicated in the anomalous purchase of 75 defective rubber boats worth P131.5 million in 2009.
In its decision, the SC’s Third Division upheld the resolution of the Office of the Ombudsman ordering the suspension of Police Senior Supt. Luis Saligumba for six months without pay after he was found guilty of simple neglect of duty on Jan. 9, 2013.
“Wherefore, the petition is ganted. The assailed decision and resolution of the Court of Appeals . . . are reversed and set aside. The Decision of the Ombudsman dated Jan. 9, 2013 is hereby reinstated,” the SC ruled.
“Clearly, [pertinent records]show incomplete deliveries and deviations from the Napolcom-approved specifications, which make respondent and other IAC members liable for simple neglect of duty,” the SC stressed.
It noted that simple neglect of duty means the failure of an employee or official to give proper attention to a task expected of him or her, signifying a “disregard of a duty resulting from carelessness or indifference.’’
“The respondent and other members of the IAC fell short of the reasonable diligence required of them, for failing to perform the task of inspecting the deliveries in accordance with the conditions of the procurement documents and rejecting said deliveries in case of deviation,” the SC said.
Since simple neglect of duty is classified as a less grave offense punishable by suspension without pay for one month and one day to six months, thus the imposition of the penalty of six months suspension by the Ombudsman is proper, the high tribunal pointed out.
The appellate court earlier granted the appeal of Saligumba assailing the validity of his suspension by the Ombudsman, prompting the anti-graft body to bring the case before the high court.
The controversy arose when the Philippine National Police bought through negotiated procurement 75 rubber boats and 18 spare engines or outboard motors intended for use by the PNP Maritime Group in its security and disaster operation efforts.
Upon delivery, however, the PNP Maritime Group through its Technical Inspection Committee on Watercraft discovered various deficiencies in the equipment and that the boats and engines were not functional when fitted together.
Saligumba was part of the PNP Inspection and Acceptance Committee, which was tasked to inspect deliveries, accept or reject deliveries, and render inspection and acceptance report to the head of the procuring agency.
In ruling against Saligumba, the SC sided with the decision of the Ombudsman to hold the police official liable for simple neglect of duty.
“In this case, respondent [Saligumba] evidently neglected to efficiently and effectively discharge his functions and responsibilities. In his counter-affidavit he even admitted that he did not personally inspect the deliveries since a group of experts and selected personnel knowledgable of rubber boats had conducted the inspection for him,” the SC ruled.
“While they are not mandated to exclusively inspect the items delivered, respondent (Saligumba) and other IAC members should not have merely relied on the reports and instead confirmed such findings by personally inspecting the deliveries, especially since there were noted discrepancies from the report,” the high court said.
The SC also sustained the Ombudsman decision that showed the suspension could no longer be served due to retirement of the respondent police officer, the penalty of fine equivalent to salary for six months must be imposed.
Besides Saligumba, three other police officials were also suspended for six months without pay due to the anomaly, which was uncovered during the stint of the late Interior Secretary Jesse Robredo.
