The Office of the President (OP) has absolved former Agriculture and Sugar Regulatory Administration (SRA) officials for the supposed illegal issuance of Sugar Order Number 4.
SO4 would have allowed the importation of 300,000 metric tons of sugar without the approval of President Ferdinand Marcos Jr., who is the concurrent Agriculture Secretary.
Asked of his plans to reinstate Agriculture Undersecretary Leocadio Sebastian, who resigned in the wake of the controversy, the President said he would speak with his erstwhile alter ego in the department first.
“Well, whatever plans we have for Usec. Sebastian, I think he should hear them first, not over the news. We will talk about it, because we are mindful of the decision. It was basically a mistake, a procedural mistake that happened. So we’ll proceed on that basis,” said Mr. Marcos, fresh from his three-day state visit to China.
In a 10-page decision dated December 29, 2022, the Office of the President cleared four ranking officials of liabilities since the issuance of the Order was “done in good faith.”
They are former Agriculture undersecretary Leocadio S. Sebastian, former SRA administrator Hermenegildo Serafica, and ex-SRA board members Roland Beltran and Aurelio Gerardo Valderrama Jr.
“From the totality of the evidence, this Office finds that the issuance of SO No. 4 was done in good faith absent any showing that the respondents were aware of their lack of authority,” the decision read.
“Here, respondents thought they were authorized because of miscommunication,” it added.
Sebastian and the others were charged with grave misconduct, gross dishonesty, and conduct prejudicial to the best interest of the service in connection with SO4.
According to the OP, the miscommunication stemmed from the July 15, 2022 memorandum of then-Executive Secretary Vic Rodriguez that allowed Sebastian to sit as ex-officio chairman of the Sugar Board.
The same July 15 memo also allowed Sebastian to sign contracts and other documents necessary to carry out department objectives, policies, functions, plans, programs, and projects, for the efficient and effective operations of the Department of Agriculture.
“In the instant case, SO No. 4 was prepared pursuant to a directive by the President to come up with an importation plan, the draft of which was sent to then ES Rodriguez. Having raised no objection therefore, respondents could have assumed its approval,” the OP said in its decision.
“In this case, there exists no clear and convincing evidence to suggest that the respondents committed any misconduct. Notably, there is no showing that respondents issued the subject order in order to materially benefit therefrom, and the surrounding circumstances extant absolve the respondents of any misconduct,” it added.
The OP also said the officials did not commit dishonesty because “the intent to deceive or misrepresent is absent.”
In a statement, Sebastian welcomed the dismissal of charges against him, Serafica, Beltran and Valderrama.
“The resolution of the administrative charges against us will enable us to move forward from a traumatic and challenging experience,” Sebastian said.
“I thank President Ferdinand R. Marcos, Jr., Executive Secretary Lucas P. Bersamin, and Deputy Executive Secretary for Legal Affairs Analiza G. Logan for their understanding in absolving us of the charges. I take note of their admonition to be more prudent and circumspect in future actions,” the former DA official said.
Beltran likewise cheered the OP decision, saying: “The truth prevailed! I have always said from the very start that I am innocent of the charges against me. I faithfully performed my duties as a public servant in accordance with my oath of office. I did not betray public trust,” Beltran said.
“I thank my family for storming heaven in prayers and their unwavering support knowing that I never blemished the good name left by our parents,” he said.
Senate Minority Leader Aquilino “Koko” Pimentel III welcomed the OP’s decision, saying such was consistent with the minority bloc’s assertion that the actions of the former DA and SRA officials on SO 4 were done in good faith.
“We are in agreement. Good that the OP doesn’t mind being on the same side as the(Senate) minority. Good too that the OP is being ‘really objective’ in this case,” he said in a text message.
“I am glad for the [four] affected personalities. This [development] will at least give them and their families a chance to repair their image and reputation,” he added.
Earlier, the Senate Blue Ribbon Committee recommended charges before the Office of the Ombudsman against Sebastian, Serafica, Beltran and Valderrama.
The report said “preliminary evidence on record” indicated that the four — all signatories to SO 4 — committed administrative offenses of serious dishonesty, grave misconduct, gross neglect of duty, conduct prejudicial to the best interest of the service, and gross insubordination.
The criminal charges, the committee report said, involve graft and corruption, agricultural smuggling, and usurpation of official functions.
However, the Senate minority bloc opposed these recommendations in a separate report, saying it lacks “factual and legal basis.”
The minority’s findings and recommendations were considered as an annex of the Senate Blue Ribbon committee report which was adopted in the plenary last November.