G.R. No. 152188 - FLORENTINO R.* BRUCAL AND CESAR A. CRUZ, VS. HON. ANIANO A. DESIERTO, OMBUDSMAN, HON. SIMEON A. DATUMANONG, SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, AND THE COURT OF APPEALS.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, PREMISES CONSIDERED, this Office finds: Respondents CESAR A. CRUZ, ALFONSO A. CUSTODIO, JR., EDUARDO V. MALLARI, JOSE E. ALMERO and ROLANDO C. ABRIGO, Guilty of Dishonesty; Respondents CESAR A. CRUZ and FLORENTINO P. BRUCAL, Guilty of Dishonesty; Respondents CESAR A. CRUZ and FLORENTINO BRUCAL, Guilty of Gross Neglect of Duty; Respondents CESAR A. CRUZ, ALFONSO A. CUSTODIO, JR., JOSE E. ALMERO, EDUARDO V. MALLARI and ROLANDO ABRIGO, Guilty of Gross Neglect of Duty; and, Respondents CESAR A. CRUZ, ROLANDO C. ABRIGO, JOSE E. ALMERO and MA. LUISA BRUSILLA, Guilty of Grave Misconduct; for which the penalty of Dismissal from the Service with Cancellation of Eligibility, Forfeiture of Leave Credits and Retirement Benefits and Disqualification for Reemployment in the Government Service is hereby recommended pursuant to Rule III, Section 10 of Administrative Order No. 07, in relation to Section 25 of Republic Act No. 6770. It is further recommended that the complaint against ROMEO V. ALGENIO, FE Z. NACORDA, MANUEL BAYANI R. BUKAS, ERNANI C. TAN and UMILTA A. LORCA be Dismissed. SO RESOLVED. [19] [Emphasis supplied.] The Resolution was approved by the Ombudsman on November 11, 1998. Separate motions for reconsideration [20] were filed by petitioners. However, they were denied in the Order [21] dated March 2, 1999, upon recommendation of GIO Fangon. On appeal, the Court of Appeals affirmed with modification the Resolution of the Ombudsman, to wit: IN THE LIGHT OF ALL THE FOREGOING , the herein assailed Resolution , dated August 4, 1998, of the Respondent Ombudsman is hereby AFFIRMED with respect to the following disposition of the Respondent Ombudsman, respecting the irregularities which attended the construction of the Barangay High School Building in Inaclagan, Gumaca, Quezon, finding: Respondents CESAR A. CRUZ and Florentino Brucal, Guilty of Dishonesty; and Respondents CESAR A. CRUZ and Florentino Brucal, Guilty of Gross Neglect of Duty; . . . For which the Penalty of Dismissal from the Service with Cancellation of Eligibility, Forfeiture of Leave Credits and Retirement Benefits and Disqualification for Reemployment in the Government Service is hereby recommended pursuant to Rule III, Section 10 of Administrative Order No. 07, in relation to Section 25 of Republic Act No. 6770. . . . but MODIFIED in that: The charges of DISHONESTY and GROSS NEGLECT OF DUTY against Petitioners CESAR A. CRUZ, EDUARDO V. MALLARI, JOSE E. ALMERO and ROLANDO ABRIGO, appertaining to the alleged irregularities committed by the Prequalification, Bids and Awards Committee Quezon 2 nd Engineering District (hereinafter referred to as PBAC II, for brevity), Department of Public Works and Highways (DPWH), in the award of projects to certain contractors, are DISMISSED on the ground of res judicata ; and The charge of GRAVE MISCONDUCT against Petitioners CESAR A. CRUZ, ROLANDO ABRIGO, JOSE E. ALMERO and MA. LUISA R. BRUSILLA, anent the alleged collusion among the contracto