CA clears 4 PNP execs in rubber boat controversy, orders reinstatement

The Court of Appeals has cleared four of the 19 police officials earlier dismissed by the Office of the Ombudsman over the the anomalous procurement of police coastal crafts worth P4.54 million in 2009.

In a 22-page decision penned by Associate Justice Rodil Zalameda, the CA’s Eleventh Division reversed and set aside the Ombudsman’s resolution issued June 2, 2015, which found the 19 police officials guilty of grave misconduct and ordered their dismissal from service.

The CA ordered the Ombudsman to reinstate the four policemen and restore the salaries and benefits withheld from them.

The four dismissed police officials who sought refuge from the CA were P/SSupt. Asher Dolina, P/SSupt. Ferdinand Yuzon, P/SSupt Thomas Abellar, and P/SSupt. Rico Payonga.

Investigators said in 2009, the PNP National Headquarters issued a resolution for the procurement of watercraft including 20 PCCs with a budget of P5 million.

P/C Supt. Villamor Bumanglag, as former director of the Maritime Group, allegedly requested for the increase in unit price from P250,000 to P312,000. He was charged for violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).

The rubber boats were allegedly procured without public bidding.

Negotiated procurement

In its decision, the CA agreed with the police officials’ justification to resort to a negotiated procurement on the basis of the pressing need to properly and sufficiently equip the PNP  for search and rescue operations during typhoons.

“There was a need to hasten the procurement of necessary equipment for search and rescue missions… Time was truly of the essence to prevent further damage to or loss of life or property,” read the decision.

“Needless to say, the immediate and emergency procurement of the crafts is likewise necessary to restore the faith of the people not only in the police force but in the government as well, being the primary protector of the citizens' lives and welfare,” it added.

Dismissed from the service for grave misconduct are:

P/SSupt. Asher Dolina
P/SSupt. Ferdinand Yuzon
P/SSupt. Cornelio Salinas
P/SSupt Thomas Abellar
P/SSupt. Nepomuceno Magno Corpus, Jr.
P/SSupt. Rico Payonga
P/CSupt. Reynaldo Rafal
P/CSupt. Rizaldo Tungala, Jr.
P/SSupt. Alex Sarmiento
PSSupt. Aleto Jeremy Mirasol
P/Supt. Michael Amor Filart
PO3 Avensuel Dy
P/Supt. Job Marasigan
P/Supt. Leodegario Visaya
P/CInsp. Juanito Estrebor, and
P/CInsp. Renelfa Saculles

Meanwhile, P/Supt. Henry Duque and PNP Accounting Division Chief Antonio Retrato were also dismissed for grave misconduct and gross neglect of duty. Meanwhile, P/CSupt. George Piano and COA auditor for the PNP Jaime Sañares were dismissed for gross neglect of duty.

Dismissal order

In its dismissal order, the Ombudmsan said it found out that the supplier was "not a technically, legally and financial capable supplier" and did not submit the odcuments required under Section 23.1 of Republic Act No. 9184.

But according to the CA, the legal documents required under RA 9184 were an amendment made only after the negotiated procurement for the rubber boats had taken place.

The CA added that the documents required under RA 9184 pertained to competitive bidding, while the one initiated by the accused police officials was a negotiated procurement, which is an alternative mode of bidding.

“Clearly, in a negotiated procurement under Section 53 (b) of R.A. No. 9184, the procuring entity, in this case, the PNP-MG, is allowed to negotiate with a previous supplier, contractor or consultant of good standing of the procuring entity concerned,” said the CA.

“In this regard, petitioners, who have been in the police service for at least thirty (30) years, most of whom are decorated members of the police force, in their bid to provide swift, adequate and reliable services to the people during a state of calamity and thereafter, could not be said to have committed grave misconduct imputed against them,” it added. —KBK, GMA News