G.R. No. 231042 - ARTURO O. MIÑAO, VS. OFFICE OF THE OMBUDSMAN (MINDANAO).D E C I S I O N - Supreme Court E-Library

Ruling

Wherefore, this Office finds substantial evidence to hold respondents Arturo O. Miñao, Manolito G. Abapo, and Clemente A. Tabiliran liable for Grave Misconduct, Gross Neglect of Duty, Serious Dishonesty and Conduct Prejudicial to the Best Interest of the Service. On the other hand, this Office finds substantial evidence to hold respondent Marilyn S. Luna liable for Simple Misconduct. The administrative charges against Reseller R. Morallo, Sr. are DISMISSED because he was not able to answer them by reason of his death. In conformity with the ruling in Office of the Ombudsman vs. Uldarico P. Andutan Jr., that resignation prior to the filing of an administrative case divests the Ombudsman of its right to institute an administrative complaint, the administrative charges against Jovencio A. Hibaya and Dannie D. Carreon are DISMISSED because this case was filed on 10 March 2009 after they retired from office in September 2007 and 08 February 2009, respectively. On the other hand, the administrative charges against Blandina A. Pajaren, Ray S. Cadavedo and Wilfredo B. Senarillos are DISMISSED, for insufficiency of evidence. Pursuant to Section 10(b), Rule III of Administrative Order No. 07, dated 10 April 1990, otherwise known as the Rules of Procedure of the Office of the Ombudsman, as amended by Administrative Order No. 17, dated 07 September 2003, Arturo O. Miñao, Manolito G. Abapo, and Clemente A. Tabiliran are hereby DISMISSED from government service which shall carry with it the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for re-employment in the government service. On the other hand, Marilyn S. Luna is hereby SUSPENDED from service for three (3) months without pay. x x x x SO DECIDED. [18] The OMB-Mindanao observed that while the specific kind of project was not indicated in the SARO, the 11 abstracts of bids; 11 cost estimates; and 11 purchase orders indicate that there is only one kind of project for the National Roads. The OMB-Mindanao also observed that the abstracts of bids and purchase orders further show that the guardrails and accessories were all procured from one supplier, AUF Enterprises. In this regard, the OMB-Mindanao found it absurd for petitioner and his co-respondents to purchase in 11 installments the same materials from the same supplier when the budget for the procurement of the materials for the whole project was readily made available under the SARO. [19] Since the materials to be procured for the 11 projects are identical and can be supplied by a single supplier, the OMB-Mindanao concluded that there could only be one procurement contract/project. Consequently, it held that petitioner, together with Abapo and Tabiliran, resorted to the prohibited act of splitting government contracts as defined in RA 9184. [20] The OMB-Mindanao also found that there was also failure to conduct public bidding under both the old and new procurement law. [21] Findings of