G.R. No. 251502 - Llevares vs. Ombudsman

Petitioners Pedro C. Llevares, Jr. (Provincial Treasurer Ret.), Ma. Lucina Laroa Calapre (OIC-Provincial Accountant Ret.), Joseph Altiveros Duarte (Provincial Budget Officer), and Catalino Opina Olayvar (Provincial General Services Officer) - officials of the Provincial Local Government Unit (PLGU) of Southern Leyte and members of the Bids and Awards Committee (BAC).
Respondents: Office of the Ombudsman (OMB) and its Field Investigation Office 1 (FIO 1).
Complaint filed by FIO 1 of OMB on June 21, 2013, charging the petitioners with grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service under Rule XIV, Sec. 22 (f), (a), and (c) of Executive Order No. 292 and related CSC circulars.

On April 22, 2004, the Department of Agriculture-Regional Field Unit VIII (DA-RFU VIII) and PLGU of Southern Leyte executed a Memorandum of Agreement (MOA) for the transfer of PHP 5 million for the "Farm Inputs and Farm Implements Program," to be implemented by the PLGU.
The first tranche of PHP 3,250,000 was received by the PLGU on April 29, 2004.
The PLGU contracted with Philippine Phosphate Fertilizer Corporation (PHILPHOS) to purchase 4,394 bags of various grade fertilizers amounting to PHP 3,217,381.20 by direct contracting/single source procurement, bypassing public bidding under Section 10 of the IRR of RA 9184, justifying that PHILPHOS was the exclusive manufacturer of such fertilizers.

Fertilizer and Pesticide Authority (FPA) records showed two other accredited suppliers in Southern Leyte, contradicting the exclusivity claim.
FIO 1 charged that petitioners knowingly allowed fund release to PHILPHOS despite other eligible manufacturers, rendering them administratively liable.

Llevares failed to file counter-affidavit despite notice.
Duarte and Calapre jointly filed counter-affidavit and position paper claiming PHILPHOS’s exclusivity certified by the Office of the Provincial Agriculturist, asserting no suitable substitutes and lawful fund certification.
Olayvar also denied wrongdoing, highlighting approval by then-Governor Rosette Y. Lerias and certification of PHILPHOS as exclusive manufacturer.

OMB Decision dated June 14, 2017 found petitioners administratively liable for grave misconduct, serious dishonesty, and conduct prejudicial to the service; imposed dismissal with accessory penalties.
Grounds:

Petitioners filed motion for reconsideration alleging delay and rights violations; denied on April 30, 2018.

CA affirmed OMB’s findings and penalty on April 16, 2019.
CA held that petitioners, as BAC members and signatories, failed to ensure compliance with procurement laws, resorted to unjustified direct contracting.
Petitioners liable for serious dishonesty for failing to disclose procurement irregularities and maintain proper accounts.
Liability for conduct prejudicial to service due to tarnishing the reputation of their offices and the PLGU.
Motion for reconsideration denied on January 16, 2020.

Alleged inordinate delay violating right to speedy disposition.
Denial of liability due to PHILPHOS’s exclusive manufacturer status and no suitable substitutes at better price.
Violation of due process for imposition of serious dishonesty charge not originally filed.

Whether there was inordinate delay in the administrative adjudication by the OMB violating petitioners’ right to speedy disposition.
Whether petitioners are administratively liable for grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service for procuring fertilizers through direct contracting without public bidding.
Whether petitioners’ right to due process was violated by the imposition of serious dishonesty not included in the charges.