G.R. No. 215042 - FIELD INVESTIGATION OFFICE, VS. P/DIRECTOR GEORGE QUINTO PIANO.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, it is hereby resolved as follows: OMB-C-C-11-0758-L (CRIMINAL CASE) x x x x OMB C-A-11-0758-L (ADMINISTRATIVE CASE) Respondents PIDir. Leocadio Salva Cruz Santiago, Jr., PISupt. Errnilando Villafuerte, PISupt. Roman E. Loreto, P/C Supt. Herold G. Ubalde, P/C Supt. Luis Luarca Saligumba, P/S Supt. Job Nolan D. Antonio, P/Dir. George Quinto Piano , P/S Supt. Edgar B. Paatan, P/S Supt. Mansue Nery Lukban, P/C Insp. Maria Josefina Vidal Recometa, P/S Supt. Claudio DS Gaspar, Jr., SPO3 Ma. Linda A. Padojinog, PO3 Avensuel G. Dy and NUP Ruben S. Gongona are hereby found GUILTY of Serious Dishonesty and Conduct Prejudicial to the Best Interest of the Service , and are thus meted the penalty of DISMISSAL FROM THE SERVICE, including the accessory penalties of forfeiture of retirement benefits and perpetual disqualification to hold public office , pursuant to the Uniform Rules on Administrative Cases in the Civil Service (CSC Resolution No. 991936, as amended). x x x x Let a copy of this Joint Resolution be furnished the Secretary of the Department of [the] Interior and Local Government (DILG), and the Chief of the Philippine National Police (PNP), for the implementation of the penalties imposed in OMB-C-A-11-0758 L. [5] The Ombudsman found respondent liable for serious dishonesty and conduct prejudicial to the best interest of the service in signing Resolution No. IAC-09-045 stating that the helicopters delivered conformed to the approved NAPOLCOM technical specifications despite the fact that as can be readily seen in WTCD Report No. T-2009-04A, there was no compliance with the air-conditioning requirement and there was no entry at all with respect to the endurance requirement; that even with the incomplete entries in the WTCD Report, respondent, as Chairman of the IAC, chose to adopt in toto the said report instead of probing or taking further action to ascertain and ensure that the interest of the government was being protected; and that had he and the IAC members done so, they can readily have confirmed that the delivered helicopters did not conform to the required specifications; that as IAC Chairman, he was under legal obligation to make an honest and proper inspection to see to it that the deliveries are consistent with the interest of the government as spelled out in paragraph 3-10, Chapter 3 of the PNP Procurement Manual. Respondent filed a motion for reconsideration which was denied in an Order [6] dated November 5, 2012. Respondent filed with the CA a petition for review under Rule 43 of the Rules of Court seeking to reverse and set aside the Ombudsman's Joint Resolution and Order with respect to Administrative Case No. OMB-C-A-11-0758-L. Petitioner filed its Comment and respondent his Reply thereto. On May 28, 2014, the CA issued its assailed decision, the dispositive portion of which reads: WHEREFORE , premises considered, the petition is hereby GRANTED . Petitioner P/Dir. George Quinto Piano is EXONERATED from the administrative c