Case Digest (G.R. No. 179245)
Facts:
Rash C. Roque v. Court of Appeals, G.R. No. 179245, July 23, 2008, Supreme Court En Banc, Per Curiam. Petitioner Rash C. Roque, then Regional Fire Marshal/Assistant Regional Director of the Bureau of Fire Protection–National Capital Region (BFP‑NCR), sought review of the Court of Appeals judgment that affirmed the Civil Service Commission's (CSC) dismissal order affirming the Department of the Interior and Local Government (DILG) Secretary's decision finding him guilty of grave misconduct.The controversy arose from procurement transactions for the fourth quarter of 2002 at BFP‑NCR. On December 16, 2002, the BFP‑NCR Prequalifications, Bids and Awards Committee (PBAC) issued resolutions recommending awards to several suppliers; Roque approved the awards and signed Notices of Award and the corresponding checks. Deliveries were purportedly inspected and accepted by Logistics officer Rolando Biazon, and payments were negotiated at the Land Bank in late December 2002 and early January 2003.
On January 2, 2003, three BFP‑NCR officers (Supt. Ariel Barayuga, Supt. Ramon Giron, and Ruben Pascua) complained to Fire Chief Senot alleging anomalies: late receipt of allotment advices yet rapid completion of bidding and payment, authorization of an acting supply officer (SFO2 Cabungcal) to sign procurement documents, advance payment for maintenance, and possible suppression of evidence. Senot formed an investigation and inventory team; petitioner sought to delay inspection and later directed staff to hold in abeyance compliance with investigation directives. Biazon initially refused to open the stockroom allegedly per Roque’s instruction; a monitoring team and DILG personnel eventually opened the stockroom and found discrepancies, including missing items and computer units withdrawn after delivery.
A fact‑finding team reported on February 12, 2003 that no actual bidding occurred, the PBAC resolutions were signed at petitioner’s direction, COA was not notified, supplies were overpriced, and evidence appeared suppressed. DILG Secretary Jose D. Lina placed Roque on assignment and, after preliminary proceedings, charged him on June 30, 2003 with grave misconduct (including conducting procurement in violation of rules, making it appear sealed bidding occurred when it did not, directing PBAC signatures, failing to notify COA, approving payments without certifications and without full delivery, disobeying superiors, and suppressing evidence). Roque submitted a counter‑affidavit, elected formal investigation, but did not file a formal Answer and failed to appear at scheduled preliminary hearings; the committee declared waiver of his right to present evidence.
On January 21, 2004, Secretary Lina found Roque guilty of grave misconduct and dismissed him from service; his motion for reconsideration was denied. Roque appealed to the Civil Service Commission; on July 20, 2005 the CSC (Resolution No. 05‑0947) affirmed dismissal for approving payments without the accountant’s certification and for disobeying/countermanding lawful orders, imposing accessory penalties including perpetual disqualification and forfeiture of retirement benefits; a motion for reconsid...(Subscriber-Only)
Issues:
- Was petitioner denied his constitutional right to due process when the DILG, CSC and Court of Appeals sustained his dismissal?
- Did petitioner commit grave misconduct warranting dismissal from the pub...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)