SC affirms dismissal of police execs over 2009 chopper deal

MANILA, Philippines — The Supreme Court has affirmed the dismissal of high-ranking police officers allegedly involved in the Philippine National Police's purchase of overpriced, second-hand helicopters in 2009 which were supposedly pre-owned by former First Gentleman Jose Miguel “Mike” Arroyo.

 

In a 13-page decision promulgated on Nov. 20, 2017, the SC's Second Division has reinstated the ombudsman's May 30, 2012 resolution ordering the dismissal of 14 police officers which it found guilty of the administrative offenses of serious dishonesty and conduct prejudicial to the best interest of the service.

 

Ordered dismissed by the ombudsman in 2012 were PNP Directors Leocadio Santiago Jr. and George Piano; Senior Superintendents Job Nolan Antonio, Edgar Paatan, Mansue Lukban and Claudio Gaspar Jr.; Chief Superintendents Herold Ubalde and Luis Saligumba; Superintendents Ermilando Villafuerte and Roman Loreto; Chief Inspector Maria Josefina Recometa; Senior Police Officer 3 (SPO3) Ma. Linda Padojinog, PO3 Avensuel Dy and Non-uniformed Personnel Ruben Gongona.

 

READ: BIR sues supplier in PNP chopper deal

 

Aside from their dismissal, the ombudsman also ordered the police officers' perpetual disqualification from holding public office as well as the forfeiture of their retirement benefits.

 

The ombudsman said that if the police officers are no longer in service, the penalty of dismissal is convertible to a fine equivalent to their salary for one year.

 

The dismissal order stemmed from the PNP's purchase of three helicopters from Manila Aerospace Products Trading Corporation in 2009 which included two standard Robinson R44 Raven I light police operational helicopters worth P62,672,086.90 and one fully equipped Robinson R44 Raven II LPOH worth P42,312,913.10.

 

The ombudsman said Resolution No. 2008-260 issued by the National Police Commission prescribed that all the three helicopters to be purchased by the PNP should be brand new.

 

The ombudsman said its investigation revealed that only the Robinson R44 Raven II delivered by MAPTRA was brand new while the two Robinson R44 Raven I were pre-owned by Arroyo, thus there was an overpayment of about P34 million.

 

Piano, who was then the chairman of the PNP Inspection and Acceptance Committee challenged the ombudsman's dismissal order before the Court of Appeals. The appellate court on May 28, 2014 reversed the ombudsman's dismissal order and even cleared Piano of the administrative charges. The matter was then elevated by the ombudsman to the SC.

 

In its decision, the SC sided with the ombudsman's finding that Piano and other respondent police officers, who were then members of IAC, conspired in making it appear that all the delivered helicopters were brand new.

 

“As the Ombudsman correctly found, 'respondent (Piano) and his co-respondents in the charge who, as IAC members, were legally obliged to disclose in their resolution the true state of the delivered helicopters',” the SC's decision read.

 

“The seeming indifference or callousness on the part of the IAC members only reinforces the theory that they too, knew all along that the helicopters were second-hand and that the PNP were being short-changed by powerful men,” it added.

 

READ: 'Arroyo family members used helicopters bought by PNP'

 

The decision was penned by Associate Justice Diosdado Peralta with the concurrence of Associate Justices Antonio Carpio, Estela Perlas-Bernabe and Alfredo Benjamin Caguioa.

 

The high court said Piano played a crucial role in how the procurement of the second-hand helicopter pushed through, noting that the latter signed Resolution No. IAC-09-045 claiming that “after inspection and evaluation, the Committee found the said items to be confirming [with] the approved NAPOLCOM specifications and passed the acceptance criteria.”

 

The SC said Piano’s act of signing the said resolution “is a distortion of truth in a matter connected with the performance of his duties.”

 

“Those in public service, such as herein respondent P/Director Piano, are thus, cautioned to act in full accordance with constitutional standard, for this Court will not shirk from its duty of upholding administrative sanctions against erring public servants,” the SC said.

 

Arroyo, Piano and 20 other police officials, including former PNP chief Jesus Verzosa are facing graft cases before the Sandiganbayan in connection with the alleged anomalous helicopter procurement.

 

The cases were filed by the ombudsman in 2012 and remain pending before the Sandiganbayan Seventh Division.