Case Digest (G.R. No. 257871)
Facts:
Hja Ferwina Jikiri Amilhamja, Anang Agang Hawang, Nenita Pino Aguil, Audie Sinco Janea, and Abdurasa Sariol Arasid v. Ombudsman‑Mindanao, Field Investigation Unit, G.R. No. 257871, April 15, 2024, the Supreme Court Third Division, Inting, J., writing for the Court.The petitioners are the former members of the Sulu State College (SSC) Bids and Awards Committee (BAC) — Amilhamja (Chairperson), Hawang, Aguil, and Janea (members) — and Arasid, who acted as SSC President. The respondent is the Ombudsman‑Mindanao Field Investigation Unit, represented by Liwayway Sumagaysay‑Rondina.
As president of SSC, Arasid requested the SSC Board of Trustees (SSC‑BOT) on May 10, 2011 to set aside funds for the purchase of physics, computer engineering, and agricultural equipment. The BOT adopted Resolution No. 19 (May 12, 2011) setting aside PHP 20,000,000 to be paid in quarterly installments over two years. The SSC BAC issued an Invitation to Apply for Eligibility and to Bid (IAEB) published in the Zamboanga Star; BAC Resolution No. 4 recorded that only one prospective bidder — State Alliance Enterprises, Inc. (SAEI) — applied and recommended negotiating with SAEI as the lone bidder.
On May 30, 2011, SSC and SAEI executed a Contract of Agreement for various equipment with a total purchase price of PHP 22,000,000 to be paid in installments from 2011 to 2014. On November 28, 2011, parents and students complained to the Commission on Audit (COA) prompting an investigation. The COA found noncompliance with Republic Act No. 9184 (RA 9184) and its IRR (insufficient public bidding documentary support; IAEB published in a non‑national paper; apparent failure of bidding with immediate award to a lone bidder) and on June 15, 2015 issued a Notice of Disallowance identifying appropriation and fund availability deficiencies under EO 292 and other accounting rules.
Based on COA findings, the OMB‑Mindanao Field Investigation Unit filed administrative charges of Grave Misconduct against the petitioners and another BAC member, Joseph Pescadera. The Office of the Ombudsman (OMB) issued a Decision dated February 5, 2018 finding Amilhamja, Hawang, Aguil, Janea, and Arasid liable for Grave Misconduct and meting the penalty of dismissal from service (the charges against Pescadera were dismissed for retirement). Motions for reconsideration were denied by the OMB.
Petitioners elevated the matter to the Court of Appeals (CA) in CA‑G.R. SP No. 157038. The CA, by Decision dated September 2, 2020, affirmed the OMB Decision but modified the finding as to Arasid...(Pro-only)
Issues:
- Did the Court of Appeals err in affirming that Amilhamja, Hawang, Aguil, and Janea are guilty of Grave Misconduct?
- Did the Court of Appeals err in holding that Arasid is guilty of Gross Negle...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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