CA upholds dismissal of Tining Martinez

CEBU, Philippines - The Court of Appeals has upheld the validity of the letter ordering the dismissal of Cebu Provincial Board Member Celestino "Tining" Martinez III and former Bogo municipal treasurer Rhett E. Minguez for grave misconduct over the P6-million fertilizer scam in 2004. 

The appellate court dismissed the petition for certiorari filed by Martinez's camp seeking to annul the endorsement letter issued by the Office of the Ombudsman thru Deputy Ombudsman for Luzon Gerard Mosquera.

The letter asked the Department of Interior and Local Government to implement the Ombudsman decision.

Martinez argued that the Ombudsman committed "grave abuse of discretion" when it issued the dismissal order due to motion for reconsideration that was pending at that time.

The petitioners said they were not given due process because the anti-graft office allegedly ignored their motion for reconsideration.

But the CA said Mosquera can validly implement the decision to ensure effective exercise of the powers, functions, and duties of the anti-graft office.

"Petitioners' assertion of grave abuse of discretion on the part of Ombudsman and their claim of violation of their right to due process have no leg to stand on," read the CA decision penned by Associate Justice German Francisco Legaspi.

Ombudsman Conchita Carpio-Morales dismissed Martinez and Minguez from government service for grave misconduct over allegedly irregular release of fertilizer fund amounting to P6 million in 2004. 

Morales ruled that the two public officers were liable for violating Republic Act 3019 (Anti-Graft and Corrupt Practices Act) and ordered their dismissal.

In 2004, the Bogo City government received six checks totaling P6 million from the Department of Agriculture in Central Visayas for the procurement of fertilizer for rice and corn.

During the program's implementation stage, the city government and non-government organization Sikap Yaman entered into an undated memorandum of agreement, but without any project cost and time schedules.

To process the payment to the foundation, Martinez and Minguez issued undated and unnumbered disbursement vouchers and allotment and obligation slips.

The transaction was consummated despite the non-accreditation of the foundation, in violation of a Commission on Audit circular.

In a 2006 report, state auditors said the foundation failed to liquidate the money.

COA's Audit Observation Memorandum also noted that the foundation failed to submit a list of previous projects implemented and that no accomplishment reports were submitted.

State auditors also said officials failed to make representations with Sikap Yaman for the liquidation of the money. COA named the foundation as supplier of 250 bottles of overpriced liquid fertilizers in Tuburan in 2004.

In the resolution, the Ombudsman said the project fund was released to the foundation in one instance "without any indication" on how or when the program would be implemented. There was also no project monitoring, inspection, or report to determine the project accomplishment.

In her order, Morales said the transaction was consummated despite the non-accreditation of Sikap Yaman.

COA also issued another audit memorandum noting that Sikap Yaman failed to submit a list of previous projects implemented and that no accomplishment reports were submitted.

On the other hand, the anti-graft office dismissed for lack of probable cause the graft charges against the foundation's incorporators, namely: Marcelo Balmaceda, Juliet Chan, Nenita Ocenar, Helen Bayugan and Marissa Rugay. (FREEMAN)