G.R. No. 218155 - FACT-FINDING INVESTIGATION BUREAU MILITARY AND OTHER LAW ENFORCEMENT OFFICES (FFIB-MOLEO), V. MAJOR ADELO B. JANDAYAN (RET.).DECISION - Supreme Court E-Library

Ruling

WHEREFORE, finding substantial evidence, this Office finds respondents COL. RENATO P. MIRANDA, LT. COL. JESON P. CABATBAT, MAJOR ADELO B. JANDAYAN, CAPT. FELICISIMO C. MILLADO, and CAPT. EDMUNDO D. YURONG GUILTY of Grave Misconduct and Dishonesty pursuant to Section 19 in relation to Section 25, RA 6770 otherwise known as The Ombudsman Act of 1989, and are hereby meted out the penalty of DISMISSAL from the service effective immediately with forfeiture of all the benefits, except accrued leave credits, if any, with prejudice to re-employment in any branch or service of the government including government owned and controlled corporations. With respect to respondent MAJ. ADELO B. JANDAYAN , since he had already retired from service, the forfeiture of all his retirement benefits, except accrued leave credits, is hereby ORDERED, and his re[-]employment in any branch or instrumentality of the government, including government-owned and controlled corporations is PROSCRIBED. With respect to respondents BGEN. PERCIVAL M. SUBALA and CAROLYN L. BONTOLO, this case is hereby DISMISSED. (Emphasis in the original) [6] The Ombudsman found that the P36,768,028.95 was released by way of cash advances granted to Major Felicisimo C. Millado (Millado), as the checks were all payable to him. [7] He encashed the check and entrusted the proceeds to Jandayan, with the approval of Colonel Renato P. Miranda (Miranda) and Gioksan Dammang [8] as shown by the documents denominated as Funds Entrusted to Agent Officer/Teller. [9] According to the Ombudsman, following the normal procedure, the money should have been distributed to the respective disbursing officers of the different units of assignment of the Philippine Marine Corps (PMC). These disbursing officers then are responsible for distributing the PI4,715.05 to the marine soldiers assigned in their units. [10] Given this, it was unlawful for Millado to entrust the proceeds of the check to Jandayan. The Ombudsman found that it was unlawful for Jandayan to receive and hold the proceeds of the checks because he was not a disbursing officer. [11] Jandayan moved for reconsideration but was denied in a Joint Order[12 dated January 21,2013. On appeal, the CA reversed and set aside the Ombudsman's Decision. The dispositive portion of the CA Decision states: WHEREFORE, premises considered, the Petition is GRANTED . The Decision dated February 27, 2009 and the Joint Order dated January 21, 2013 of the Office of the Ombudsman, in OMB P-A-06-0106-A, insofar as it found herein petitioner Major Adelo B. Jandayan (Ret.) guilty of grave misconduct and dishonesty, are REVERSED and SET ASIDE; consequently, the complaint against him is DISMISSED. He is ordered to be PAID the [retirement] benefits denied him by reason of the assailed Decision and Joint Order; and the proscription to his re-employment in any branch or instrumentality of the government, including government-owned and controlled corporations, is REMOVED and DELETED. SO ORDERE