Ombudsman affirms dismissal of 6 NPO execs

MANILA, Philippines - The Office of the Ombudsman denied yesterday the motion to reconsider the dismissal of six ranking officials of the National Printing Office (NPO).

In a four-page decision, Ombudsman Conchita Carpio-Morales stressed that none of the six, who were dismissed last July 24 for grave misconduct, introduced new evidence or legitimate grounds that might have prompted her office to reverse its earlier ruling.

The Partido ng Manggagawa (PM) also called on the anti-graft office to immediately implement its order to terminate the services of NPO director Emmanuel Andaya; chief administrative officer Sylvia Banda; printing operations heads Josefina Samson and Antonio Sillona, and assistant head Maria Gracia Enriquez; and supervising administrative officer Bernadette Lagumen.

The party claimed that the continued stay of the six casts doubt on the printing of the official ballots to be used in the May 9 elections. NPO is tasked with ballot printing.

In denying the motion for reconsideration, Morales said “the grounds raised by (the six) are mere rehash of the arguments already presented and have been sufficiently considered in the assailed decision. They failed to introduce new evidence or legitimate grounds warranting the reconsideration sought.”

Secretary Herminio Coloma of the Presidential Communications Operations Office, which directly supervises NPO, said they would follow the ruling.

“We will comply with dismissal order, “ Coloma, who was with President Aquino in the US, said in a brief text message.

It can be recalled that the Ombudsman found the six officers “guilty of grave misconduct and be meted the penalty of dismissal from government service,” last July 24, 2015.

The decision stemmed from the complaint of Guillermo Sylianteng Jr. who claimed the printing of the National Bureau of Investigation travel clearance certificates on Nov. 18, 2010 was anomalous.

Sylianteng pointed out that NPO, through its bids and awards committee (BAC), sub-contracted the printing job, worth P1.9 million, to Advance Computer Forms but failed to follow proper bidding procedures, thus violating Republic Act 9184 or the Government Procurement Reform Act.

Andaya approved the recommendation of BAC, which has Banda as chairperson, and Samson, Sillona, Lagumen and Enriquez as members.

In their defense, the six claimed that sub-contracting is not prohibited and that “the BAC resorted to emergency procurement considering the urgency of the subject purchased order.”

But the Office of the Ombudsman found that “there was no state of calamity that posed imminent danger to life or property, or time was of the essence arising from natural or man-made calamities, or other causes necessitating immediate action to restore vital public services, infrastructure facilities and other public utilities.”

It added that, “Even if there were extraordinary or emergency circumstances, NBI travel clearance certificates are not vital public services to justify the negotiated procurement of printing services of the subject purchased order.”

Aside from dismissal, the Ombudsman also ordered the cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from holding public office and from taking civil service examinations.

Banda, a lawyer, agreed to an interview and confirmed that all of them are still reporting for duties pending the resolution of their motion.

“If the court said with finality that we are dismissed, then we will follow orders,” Banda said.

But lawyer Mel Sta. Maria, Far Eastern University Institute of Law dean and TV5 resident legal analyst, said the defiance of the six officers is a clear violation of the law.

He cited Section 27 of Republic Act 6770 or the Act Providing for the Functional and Structural Organization of the Office of the Ombudsman, that states, “all provisionary orders of the Office of the Ombudsman are immediately effective and executory.”

Mario Adarlo, former NPO union president, said the denial gives no reason for the six to continue reporting at the NPO.  – with Mayen Jaymalin