CEBU, Philippines — Five ranking officials of the Cebu Ports Authority have been ordered suspended for one year without pay after the Office of the Ombudsman found them administratively guilty of grave misconduct for the anomalous procurement of three units of motorcycles in 2006.
The anti-graft body, however, dismissed the case against the three other CPA officials for lack of jurisdiction.
Those who were meted a one-year suspension without pay are Engineering Services Department head Mario Gerardo Tan; Port Management Department manager Oscar Lopez; Legal Affairs Department manager Yusop Uckung; Cebu International Port manager Nimfa Hernandez; and Port Management Office-5 Mandaue manager Elizabeth Suarez.
The charges against former CPA general manager Angelo Verdan; deputy general manager Dennis Villamor; and industrial security officer Owen Dominic Roma were dismissed for lack of jurisdiction.
Suarez and Lopez started serving their suspension last June 6, 2018 while Hernandez already retired from service. Still in office are Tan and Uckung.
Verdan said they have not yet received a copy of the Ombudsman’s decision.
He said that Suarez and Lopez might no longer be interested to bring up the case to the Court of Appeals, prompting them to serve voluntarily their suspension without waiting for the formal order.
The three units of secondhand big bikes are used by the Port Police Officers quick response team. The CPA officials bought the motorcycles without public bidding.
Roma signed the three requests for price quotations, Lopez signed the Requisition and Issue Voucher which was approved by Verdan.
The Bids and Award Committee chaired by Tan with Lopez, Hernandez, and Uckung as members also approved the purchase on December 29, 2006.
Carmelita Tormis, audit team leader of the Commission on Audit, issued an Audit Observation Memorandum dated March 8, 2007 stating that the purchase of the motorbikes was “irregular and could be subject to disallowance.”
The CPA created a fact-finding committee which found that “there is prima facie evidence to hold Roma responsible for misconduct for the purchase of the three units used as police motorcycles” and recommended the filing of formal charges against him.
However, COA included Lopez, Suarez, Villamor and the supplier as responsible persons for the irregular transaction amounting to P465,000.
The CPA on February 7, 2012 filed a complaint against Roma and Drei Bikes Trading for specific performance and/or collection of sum of money and damages before the Regional Trial Court in Cebu City.
On September 3, 2015, the RTC ordered Roma to pay P500,000. A copy of the decision was furnished to the Ombudsman by Tan, Lopez, Hernandez, Suarez, and Uckung.
But the Ombudsman said they should also be held administratively liable for grave misconduct for allowing alternative shopping or canvassing instead of public bidding.
“Having established the responsibilities of respondents in relation to the subject purchase, it is clear that they willfully violated established laws and rules, which violation is tantamount to Grave Misconduct,” read the decision. — FPL (FREEMAN)