THE Supreme Court upheld the decision of the Office of the Ombudsman dismissing Director Rainier Espina from the police service in connection with the questionable P400-million combat vehicle repair project of the National Police in 2012.
In a decision dated March 15, 2017, the High Tribunal reversed the 2014 decision of the Court of Appeals downgrading Espina’s liability from grave misconduct and serious dishonesty, as found by the Ombudsman, to simple misconduct, which effectively reinstated him to the police service.
The Court stated that Espina was guilty of gross neglect of duty and should be rightfully dismissed from the police service.
The case stemmed from the alleged “ghost” repair of several light armored vehicles and fictitious payments for repairs and purchases of police vehicles.
Meanwhile, the Office of the Ombudsman filed on Monday graft raps before the Sandiganbayan against two former government officials and incorporators of a foundation linked to Janet Lim Napoles in a P4.86-million fertilizer fund scam in 2004.
In a charge sheet, the Ombudsman said Rodolfo Gueib, ex-provincial agricultural officer, and Dennis Araullo, ex-Calabarzon executive director of the Department of Agriculture, took advantage of their positions to “conspire” with the incorporators of Masaganang Ani Para sa Magsasaka Foundation Inc.
A P30,000 bail was recommended for the provisional liberty of each respondent.
Both were accused of violation of Section 3 (e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.
The other accused were MAMFI president and incorporator Marina Sula; incorporators Lorna Ramirez, Renato Ornopia, Cherry Ann Kilapkilap and Amalia Soriano, and secretary and incorporator Luzviminda Castro.
Guieb and Araullo gave “unwarranted benefits, privilege and advantage to MAMFI and its incorporators,” for the procurement of of 3,240 bottles of Fertigrow liquid fertilizer worth P1,500 per bottle or at total of P4.86 million.
The accused pushed through with the purchase despite the absence of a public bidding and failure of MAMFI to meet the mandated requirements.
Aside from Espina, the Office of the Ombudsman also included former PNP chief Avelino Razon and former comptrollers Geary Barias and Eliseo dela Paz in the complaint.
The former police officials reportedly allocated P400 million supposedly for the repair of 28 V-150 LAVs.
But the Ombusaman found out that the officials made up the public bidding and that the Invitation to Bid was published in Alppa Times News, a “non-existent publication outfit.”
In a joint resolution in 2012, the Ombudsman indicted Espina and several other PNP officers for violation of Section 3 (e) of RA 3019, Section 65 (b) (4) of RA 9184, and for Malversation of Public Funds through Falsification under Article 217 in relation to Article 171 of the RPC.
The Ombudsman also found them guilty of grave misconduct and serious dishonesty and, accordingly, recommended their dismissal from government service.
Specifically, the Ombudsman held that Espina executed indispensable acts which led to the completion of the illegal transactions.
It likewise found it incredulous that the repair and refurbishment works on the LAV s were completed in only seven days, i.e., from Dec. 20, 2007 to Dec. 27, 2007, considering the magnitude of the work involved, which included the delivery of the LAVs for repair, the inspection and acceptance of materials to be used.
The appellate court, however, found Espina administratively liable only for simple misconduct, prompting the Ombudsman to seek redress with the Supreme Court.
But the High Court, in its decision, stated that “As correctly observed by the Ombudsman, it is improbable that the repair and refurbishment works on the LAVs were carried out from Dec. 20 to 27, 2007, given the magnitude of the work involved and the fact that such period included the delivery of the LAV s for repair, the inspection and approval of the materials to be used for the repairs, the actual repair and refurbishment, and the delivery of the LAVs to the PNP after the repair.”
It added “Espina was expected to employ diligence in ensuring that all claims were supported by complete pertinent documents. As succinctly put by the CA, Espina’s duty as Acting Chief was not merely ministerial and perfunctory as it related to the disbursement of funds over which a great responsibility attached.” With Rio Araja
