G.R. No. 212293 - OFFICE OF THE OMBUDSMAN, VS. P/C SUPT. LUIS L. SALIGUMBA.DECISION - Supreme Court E-Library

Ruling

Accordingly, a Certification under Oath, which states among others, that the helicopters subject of the contract are brand new, was executed by de Vera. [17] Purchase Order No. 0(M)220909-017 dated September 22, 2009, ordering MAPTRA to deliver two standard and one fully-equipped helicopters, was issued. [18] Upon delivery of the two standard helicopters by MAPTRA, the team of inspectors was tasked to examine the same and to determine if they conformed to the specifications of the PNP. On the other hand, the task of accepting procured helicopters belonged to the Inspection and Acceptance Committee (IAC), to which respondent belonged as a member. [19] Consequently, Weapons and Tactics and Communications Division (WTCD) Report No. T2009-04A [20] was issued. Among those who signed the report was herein respondent. Said Report stated that the method of inspection was through "visual and functional" and the specifications of said helicopters, to wit: PNP Specifications for Light Police Operational Helicopter Specifications of Robinson 44 Raven 1 Helicopter Remark(s) Power Plant: Piston Piston-type Conforming Power Rating : 200 hp (minimum) 225 Conforming Speed : 100 knots (minimum) 113 knots Conforming Range : 300 miles (minimum) 400 miles Conforming Endurance : 3 hours (minimum) No available data Conforming Service Ceiling (Height Capability): 14,000 feet (maximum) 14,000 feet Conforming T/O Gross Weight : 2,600 lbs (maximum) 2,400 lbs Conforming Seating Capacity : 1 Pilot + 3 pax (maximum) 1 pilot + 3 passengers Conforming Ventilating System : Air-conditioned Not airconditioned Standard helicopter Aircraft Instruments : Standard to Include Directional Gyro Above Horizon with Slip Skid Indicator and Vertical Compass Equipped with Directional Gyro Above Horizon with Slip Skid Indicator and Vertical Compass Conforming Colors and Markings : White with appropriate markings specified in NAPOLCOM Res No. 99-002 dated January 5, 1999 (Approving the Standard Color and Markings for PNP Motor Vehicles, Seacraft and Aircraft) White with appropriate markings as specified in NAPOLCOM Res. No. 99-002 Conforming Warranty : The supplier warrants any defect in material and workmanship within the most advantageous terms and conditions in favor of the government. The supplier will warrants (sic) any defect in material and worksmanship within the most advantageous terms and conditions in favor of the government for two (2) years Indicated in the contract (To include time-change parts as suggested by DRD Test and Evaluation Board) Requirements: Maintenance Manual Operational Manual Provided Provided Conforming Conforming On November 11, 2009, the PNP IAC Committee issued Resolution No. IAC-09-045, stating, among others that it found the items to be in conformity with the approved specifications and passed the acceptance criteria. [21] After several resolutions approving the sale, MAPTRA Corporation was paid by the PNP in the amount of P49,680,401.80 for the sale of two s