Court of Appeals junks order to dismiss Philracom executive

MANILA, Philippines -- The Court of Appeals (CA) has struck down a decision of the Office of the President (OP) dismissing Philippine Racing Commission (Philracom) chairman Jaime Dilag.

In a ruling, the CA’s Seventh Division said Dilag was denied due process when he was charged with malversation of public funds in 2006.

“A reading of the formal charge readily reveals that it merely outlines in general terms the various acts petitioner is being charged for,” read the CA decision.

“It does not refer to specific dates nor name the witnesses to the alleged anomalies. Under the circumstances, it cannot be said that petitioner was afforded a fair and reasonable opportunity to effectively refute the charges against him point by point.

“Having established that petitioner was denied his basic right to due process, the proceedings before the PAGC are null and void.

“As the Supreme Court has had occasion to rule, denial of due process suffices to cast on the official action taken by whatever branch of the government the impress of nullity.”

The CA decision was written by Associate Justice Edgardo Cruz, CA Seventh Division chairman.

The CA said the PAGC failed to furnish Dilag copies of affidavits of complaints against him. That oversight “disabled” Dilag from preparing an intelligent defense, the CA added.

Dilag had appealed to the CA the OP’s April 27, 2006 decision dismissing him from government service.

In a petition for review, Dilag had assailed the PAGC findings since the investigation was conducted by two commissioners who were not lawyers, which supposedly violates Executive Order 12.

The case stemmed from an anonymous complaint the OP referred to the PAGC on Sept. 23, 2003, accusing Dilag of encashing checks for the account of Philracom and failing to remit P110,000 he had allegedly collected and received. The complaint did not specify the amount stated in the checks.

Dilag was suspended for three months starting February 2006 after the PAGC found probable cause.

Based on the PAGC report, the OP ordered Dilag dismissed from government service on April 2006 and filed criminal charges against him.

The OP denied Dilag’s motion for reconsideration on July 19, 2006.