G.R. No. 257871 - Amilhamja vs. Ombudsman-Mindanao

Abdurasa Sariol Arasid, as President of Sulu State College (SSC), requested the Board of Trustees (SSC-BOT) on May 10, 2011, to allocate funds for purchasing physics, computer engineering, and agricultural equipment from SSC’s local income.
The SSC-BOT issued Resolution No. 19 on May 12, 2011, setting aside PHP 20,000,000.00, payable in quarterly installments over two years for the purchase.
On May 13, 2011, the SSC Bids and Awards Committee (BAC), chaired by Hja Ferwina Jikiri Amilhamja and composed of members Anang Agang Hawang, Nenita Pino Aguil, Audie Sinco Janea, and Joseph Pescadera, approved the publication of an Invitation to Bid (IAEB) for the equipment.
The IAEB was published in the Zamboanga Star, a local newspaper.
On May 25, 2011, BAC issued Resolution No. 4 noting only one prospective bidder, State Alliance Enterprises, Inc. (SAEI), applied for eligibility and was recommended for negotiation.
On May 30, 2011, SSC and SAEI entered a Contract of Agreement totaling PHP 22,000,000.00 to be paid in installments from 2011 to 2014.
SSC-BOT issued Resolution No. 56 on December 13, 2011, confirming Arasid’s authority to enter into the contract.

On November 28, 2011, complaints from parents and students regarding alleged illegal procurement were filed with the Commission on Audit (COA).
COA found several procedural violations including non-compliance with RA 9184 (Government Procurement Reform Act), insufficient publication since the Zamboanga Star is not nationally circulated, absence of proper bidding documents, and that the bidding process should have been declared a failure due to a single bidder.
COA issued a Notice of Disallowance on June 15, 2015, citing unauthorized fund appropriations, absence of certification of availability of funds, and unauthorized contract terms.

The Ombudsman-Mindanao filed administrative charges of Grave Misconduct against Amilhamja, Hawang, Aguil, Janea, and Arasid; Pescadera was dismissed from the case due to retirement.
The Ombudsman found that petitioners committed Grave Misconduct, pointing to violations of RA 9184 requirements, lack of bidding documentation, non-compliance with publication requirements, exceeding budget without proper authority, and unauthorized extension of payment terms.
The BAC chair and members were faulted for the deficient bidding process; Arasid was culpable for entering into unauthorized contracts exceeding approved budget and purchasing additional unbid items.

The Court of Appeals (CA) affirmed the Ombudsman’s findings, affirming Grave Misconduct for members of the BAC and downgrading Arasid’s liability to Gross Neglect of Duty. It modified the penalty for Arasid accordingly.
The petitioners filed a Petition for Review on Certiorari to the Supreme Court contesting the CA decision.

Whether Amilhamja, Hawang, Aguil, and Janea are guilty of Grave Misconduct for violations in the procurement process under RA 9184 and related rules.

Whether Arasid is liable for Grave Misconduct or Gross Neglect of Duty for entering a contract exceeding budget without proper authority.

Whether the CA erred in affirming the penalties imposed by the Ombudsman and modified by the CA.