Tuesday, August 27, 2019

SC affirms dismissal of Marine officer in 1999 allowance scam

From the Philippine News Agency (Aug 27, 2019): SC affirms dismissal of Marine officer in 1999 allowance scam



Supreme Court facade.

The Supreme Court (SC) upheld the dismissal of a commandant of the Philippine Marine Corps accused of involvement in anomalies amounting to PHP36.768 million in clothing and equipment allowances for soldiers 20 years ago.

In a July 10 decision made public Tuesday, the SC's Second Division - through Associate Justice Amy Lazaro-Javier - ordered the dismissal from the military service of former Marine commandant, Maj. Gen. Renato Miranda, who was charged by the Office of the Ombudsman along with four other Marine officials of pocketing the Combat, Clothing Allowance and Individual Equipment Allowance (CCIE) for year 1999.

The High Court reversed the Court of Appeals (CA) decision which nullified the order issued by the Ombudsman on February 27, 2009, dismissing Miranda from the service, along with five other military officers, for grave misconduct and serious dishonesty.

The SC ruled that the appellate court erred when it cleared Miranda from the charges despite compelling evidence on record showing that he committed the offenses.

“What respondent did was truly indispensable to the consummation of the unlawful disbursement of public funds which cause prejudiced to the government,” the SC ruled.

The Court also ordered the forfeiture of all his benefits except for accrued leave benefits and perpetually disqualified him from re-employment in any branch of service of the government, including government-owned and controlled corporations.

The former Marine commandant is also facing a graft case before the Sandiganbayan for malversation through falsification of public documents in connection with the anomaly.

In its petition before the SC, the Ombudsman insisted that Miranda along with his four co-accused PMC personnel conspired to defraud the government through a fictitious grant of CCIE allowances to enlisted members of the Philippine Marine Corps.

Each enlisted employee was to get PHP8,381.25 as Combat Clothing Allowance and PHP6,337.80 as Individual Equipment Allowance, or a total of PHP14,719.05.

The disbursements were released through 19 checks in various amounts. At least 145 soldiers who were supposed to benefit from the fund attested that they did not receive any amount in full or in part.

Miranda was dismissed from the military service in 2006 for his part in the coup plot to oust then-President Gloria Macapagal-Arroyo but was granted amnesty by former President Benigno Aquino III in 2010.

https://www.pna.gov.ph/articles/1078774

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