MANILA, Philippines — The Supreme Court (SC) recently ordered the dismissal of former Marine commandant Maj. Gen. Renato Miranda for grave misconduct and serious dishonesty in handling the disbursement of P36.7- million clothing allowance for enlisted personnel.
In a 16-page decision, the SC’s Second Division reversed and set aside the July 30, 2014 decision and Jan. 13, 2015 resolution of the Court of Appeals (CA) that exonerated Miranda of the charges of grave misconduct and serious dishonesty.
It also ordered the Office of the Ombudsman ruling dated Feb. 27, 2009, which found Miranda guilty of the offense, be reinstated.
The SC only publicly released a copy of the decision last Aug. 22.
“Major General Renato P. Miranda is found guilty of grave misconduct and serious dishonesty. He is ordered dismissed from the service with forfeiture of all benefits, except accrued leave benefits, if any. He is perpetually disqualified from re-employment in any branch of service of the government, including government-owned and controlled corporation,” said SC Associate Justice Amy Lazaro-Javier, who penned the decision.
Miranda was found administratively liable in connection with the handling and disbursement of P36.7 million earmarked by Philippine Marine Corps (PMC) in April 2000 for the combat clothing and individual equipment allowance (CCIE) intended for the troops in 1999.
Court records showed that in April 2000, the PMC earmarked and released P36,768,028.95 for 1999 where each Marine trooper was to receive P14,719.05 in cash.
Acting on the records forwarded by the Commission on Audit, the fact-finding investigation bureau of the Office of the Deputy Ombudsman for the Military and other Law Enforcement Offices (FFIB-OMB-MOLEO) filed a complaint against Miranda, Brig. Gen. Percival Subala, Lt. Col. Jeson Cabatbat, Maj. Adelo Jandayan, Capt. Felicisimo Millado, Capt. Edmundo Yurong and Carolyn Bontolo for malversation of public funds through falsification of public documents, violation of COA Rules and Regulations, and violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The complaint cited the COA findings that several PMC personnel did not receive the CCIE intended for them. There were also PMC personnel who disowned the signatures appearing on the payrolls and even denied authorizing any representative to receive their allowances.
The FFIB-OMB-MOLEO learned that Miranda did not have the authority to approve the grant of CCIE.
Miranda, in his defense, claimed it was Subala who authorized him to approve the corresponding disbursing vouchers.
The CA had ruled there was no substantial evidence to prove Miranda participated in the alleged conspiracy to defraud the government, and that the documents signed by him only showed he approved the release of subject funds upon certification by subordinate officers in charge of evaluating the proposed disbursement that the same was in order and that funds were available for the purpose.
Thus, the CA said the mere fact of signing the documents in question did not make Miranda liable for grave misconduct and dishonesty.
However, the SC did not agree with the CA’s ruling.
“Respondent’s culpability did not arise solely because he signed the disbursement vouchers. His culpability rather was hinged on his act of authorizing Maj. Jandayan to receive the CCIE funds, albeit, the latter did not have the requisite authority to receive, much less, disburse these funds.
“And as it turned out, the funds which respondent entrusted to Maj. Jandayan were not disbursed to their supposed beneficiaries. No one could, account for these funds anymore, not even Maj. Jandayan himself,” the high court said.