PCG exec’s dismissal over Yolanda procurement lowered to suspension

MANILA, Philippines — The Supreme Court (SC) has downgraded the dismissal from service imposed on an official of the Philippine Coast Guard (PCG) accused of violating the rules of procurement for Yolanda relief programs.

Instead of dismissal, the SC suspended Mark Franklin Lim II of the PCG’s special service office for one month and one day, after finding out that his involvement in the case was not tainted with corruption.

In an 11-page ruling promulgated in January, the SC Second Division found Lim only administratively liable for simple misconduct for forgoing public bidding without the approval of the PCG chief.

In 2017, the Office of the Ombudsman found Lim guilty of serious dishonesty, grave misconduct and conduct prejudicial to the best interest of the service.

The case stemmed from Lim’s disbursement of P500,000 for the procurement of office supplies and information technology equipment allegedly without authority and through unjustified public bidding.

The Court of Appeals (CA), denied Lim’s petition, prompting him to raise his case before the SC.

The SC said the CA erred in ruling that Lim was not authorized to assume the duties of a special disbursing officer.

The high court cited a written authority designating Lim as such, and entrusting him to spend P500,000.

However, the SC admitted that Lim should not be absolved from liability for skipping the required public bidding.

Lim admitted that no public bidding was conducted for the procurement.

He said that while he may have been resourceful in fulfilling his task, he did not pocket any amount from the purchases.

The SC said Lim should have been fully aware of the rules of procurement, which require the approval of the head of the procuring agency when resorting to other modes of procurement.

“Lim should only be held liable for simple misconduct, not grave misconduct,” the high tribunal said.

The SC said the ombudsman failed to prove that Lim‘s act was tainted with corruption and intended to violate the law.

The SC said Lim could not be held liable for conduct prejudicial to the best interest of the service, because his actions were related to the performance of his official duties.

The ruling was penned by SC Associate Justice Antonio Kho Jr.