CA clears ex-DBM official over Pharmally case; affirms Lao's dismissal

While it affirmed the dismissal of several former Budget and Management (DBM) officials, the Court of Appeals (CA) has cleared Procurement official Webster Laureñana over the acquisition of COVID-19 supplies at the height of the pandemic.

In a 49-page decision promulgated on March 31, the appellate court’s 15th Division granted his petition for review and dismissed the administrative case against him.

“This Court is persuaded that the records are bereft of substantial evidence sufficient to sustain a finding of administrative liability for grave misconduct, gross neglect of duty, serious dishonesty, and conduct prejudicial to the best interest of service,” it said.

Ombudsman's findings

Meanwhile, the court affirmed the Office of the Ombudsman’s findings for former Budget undersecretary Lloyd Christopher Lao and former officials Warren Rex Liong, Christine Marie Suntay, Augusto Ylagan, and Amado Tandoc.

“After a thorough review of the records and petitioners’ respective arguments, we find no sufficient basis to overturn the Ombudsman’s findings with respect to petitioners Lao, Liong, Ylagan, Suntay, and Tandoc III,” it said.

The court found that the proceedings before the Ombudsman were validly initiated, dismissing the argument of the petitioners that there was no valid administrative proceeding as the letters of former Senator Gordon and Senator Risa Hontiveros did not satisfy the requirements.

It also dismissed the petitioner’s concerns regarding the senators' legal personality to make the referral, saying that under the Ombudsman’s Admnistrative Order, the authority is lodged in the chairperson of any member of the Senate Committee or the House of Representatives.

'Grievous'

The CA also agreed with the Ombudsman’s finding that Pharmally cannot be deemed a legally, technically, and financially capable supplier within the contemplation of the emergency procurement rules.

It stressed that Pharmally’s Articles of Incorporation showed a paid-up capital of only P625,000, was incorporated only in September 2019, and had no demonstrated public or private track record commensurate to the contracts it was awarded. 

“As a final note, few betrayals are more grievous than the corruption of public office in a time of national suffering,” the CA said.

“Amid a health crisis that demanded from every public servant the utmost integrity, restraint, and fidelity to the common good, any use of official power for private advantage becomes especially reprehensible. Accountability, therefore, must follow,” it added. —VAL, GMA News