MANILA, Philippines - The Court of Appeals (CA) has cleared a ranking official of the Philippine National Police (PNP) tagged in the alleged anomalous purchase of second-hand helicopters in 2009 and 2010.
In a 10-page decision promulgated on Aug. 14, the sixth division of the appellate court nullified an order of the Office of the Ombudsman, which dismissed from the service PNP special action force head Director Leocadio Santiago Jr., effectively reinstating Santiago to the PNP.
The CA held that the anti-graft body erred in finding Santiago liable for PNP’s controversial contract with supplier Hilario de Vera of Manila Aerospace Products Trading Corp. (MAPTRA).
Granting Santiago’s petition, it explained that there was no proof he had conspired with other officials involved in the scam that would have warranted his dismissal from service.
“Indeed, petitioner acted in good faith in drafting and delivering his memorandum and signing the BAC (Bids and Awards Committee), knowing that his only task was to ensure that the proposal of the presumptive seller fits the need of the SAF (Special Action Force) air unit,†read the ruling penned by Associate Justice Marlene Gonzales-Sison.
“Notably, there is also no clear and substantial evidence that petitioner colluded with the top brass of the PNP to allegedly defraud the government. While it is true that in conspiracy, direct proof is not essential, it must, however, be shown that it exists as clearly as the commission of the offense itself,†added the decision released last Friday.
On this ground, the CA set aside and nullified the order and resolution of the ombudsman in May and Nov. last year, respectively, finding Santiago administratively liable for serious dishonesty and conduct prejudicial to the interest of public service.
The assailed ombudsman order also ordered the dismissal of 13 other PNP officials and personnel apart from Santiago: Chief Superintendent Herold Ubalde, Chief Supt. Luis Saligumba, Supt. Ermilando Villafuerte, Supt. Roman Loreto, Senior Supt. Job Nolan Antonio, Director George Piano, Senior Supt. Edgar Paatan, Senior Supt. Mansue Lukban, Chief Inspector Maria Josefina Vidal Recometa, Senior Supt. Claudio Gaspar Jr., Senior Police Officer 3 Ma. Linda A. Padojinog, PO3 Avensuel Dy and Ruben Gongona.
Six others were also ordered suspended for six months without pay: Senior Supt. Joel Crisostomo Garcia, SPO3 Jorge Gabiana, PO3 Dionisio Jimenez, NUPs Erwin Chavarria, Emilia Aliling, and Erwin Paul Maranan.
The ombudsman said the concerned PNP officers participated in the whole procurement process, which makes it impossible for private supplier De Vera of MAPTRA to be able to deceive them without their cooperation.
Records showed that the case arose from the PNP’s purchase of one fully equipped Robinson R44 Raven II Light Police Operational Helicopter (LPOH) for P42,312,913.10 and two standard Robinson R44 Raven I LPOHs for P62,672,086.90, or for a total amount of P104,985,000 from 2009 to 2010.