Case Digest (G.R. No. 179245)
Facts:
- Rash C. Roque, the petitioner, filed a case against the Court of Appeals, the Civil Service Commission (CSC), and Hon. Secretary Jose D. Lina of the Department of Interior and Local Government (DILG).
- The case arose from a procurement anomaly at the Bureau of Fire Protection-National Capital Region (BFP-NCR) in late 2002.
- On December 16, 2002, the BFP-NCR Prequalifications, Bids and Awards Committee (PBAC) recommended contracts for various supplies, which Roque approved as the Regional Director.
- Irregularities were reported on January 2, 2003, including improper bidding and overpriced supplies, leading to a government loss.
- Roque faced charges of grave misconduct for approving payments without proper certifications and disobeying superiors' orders.
- He failed to attend scheduled hearings, resulting in his dismissal from service by Secretary Lina on January 21, 2004.
- The CSC upheld the dismissal, and the Court of Appeals affirmed this decision, prompting Roque to file a petition for review.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the Court of Appeals' decision, which upheld the CSC's ruling that Roque was guilty of grave misconduct and dismissed him from service.
- The Court found no violation of du...(Unlock)
Ratio:
- The Supreme Court noted that Roque had ample opportunity to defend himself during the administrative proceedings.
- He was informed of the charges and allowed to submit a counter-affidavit, which was considered by the investigating committee.
- The Court emphasized that due process in administrative cases is primarily about the opportunity to be heard, which Roque did not effect...continue reading
Case Digest (G.R. No. 179245)
Facts:
The case involves Rash C. Roque, the petitioner, against the Court of Appeals, the Civil Service Commission (CSC), and the Hon. Secretary Jose D. Lina of the Department of Interior and Local Government (DILG) as respondents. The events leading to this case began with an alleged procurement anomaly at the Bureau of Fire Protection-National Capital Region (BFP-NCR) during the Fourth Quarter of Calendar Year 2002. On December 16, 2002, the BFP-NCR Prequalifications, Bids and Awards Committee (PBAC) issued resolutions recommending the award of contracts for various supplies and materials to several bidders, which Roque, as the Regional Director, approved. The contracts included significant amounts for items such as battery solutions, computer units, and office supplies.
However, on January 2, 2003, several officers of the BFP-NCR reported to Fire Chief Francisco Senot that there were irregularities in the procurement process, including the timing of fund releases and the lack of proper bidding procedures. An investigation was initiated, during which it was discovered that no actual bidding had occurred, and the supplies were overpriced, resulting in a loss to the government. Roque was charged with grave misconduct for various violations, including approving payments without proper certifications...