The Court of Appeals (CA) has ordered the reinstatement of
several police officers who were dismissed from the service in connection with
the allegedly anomalous purchase of police coastal crafts (PCCs) worth PhP4.54
million in 2009.
In a 22-page ruling written by Associate Justice Rodil
Zalameda and released on Friday, the CA's 11th Division granted the petition
filed by Chief Supts. Asher Dolina and Ferdinand Yuzon, Sr. Supt. Thomas
Abellar and Supt. Rico Payonga.
"Accordingly, the consolidated resolution dated June 2,
2015 of the Office of the Ombudsman with respect to the finding of
administrative liability against petitioners, is reversed and set aside and the
complaint for grave misconduct and dishonesty are dismissed," the CA said.
"All the accessory penalties attached to the dismissal
of petitioners are likewise recalled and lifted. Petitioners are ordered
reinstated and the salaries and benefits withheld from them are restored,"
it added.
Records of the case showed that a disbursement voucher was
issued in July 2010 for the payment of coastal crafts worth more than PhP4.54
million.
However, it appeared that the payment was allegedly made
despite the noted defects on the police coastal crafts and before the issuance
of the notice of termination.
Criminal and administrative charges were eventually filed
against the respondents, leading to their dismissal from the service.
Ombudsman Conchita Carpio Morales also found out that the
purchase of the rubber boats did not go through public bidding and the boats
were also certified to have passed the acceptance criteria despite “glaring
defects.”
In its ruling, the CA found no reason to adjudge the
petitioners guilty of grave misconduct.
"In this regard, petitioners, who have been in the police
service for at least thirty (30) years, most of whom are decorated members of
the police force, in their bid to provide swift, adequate and reliable services
to the people during a state of calamity and thereafter, could not be said to
have committed grave misconduct imputed against them," the CA said.
"Consequently, the penalty of dismissal meted by the
Office of the Ombudsman must be struck down," it added.
Concurring with the ruling were Associate Justices Sesinando
Villon and Pedro Corales.
http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=896134
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