Case Summary (G.R. No. 246114)
Factual Background
The case arises from a complaint filed against William Dadez Nicolas, Sr., who was found administratively liable for dishonesty and grave misconduct during his tenure as provincial treasurer of Isabela. The complaint pertained to transactions executed as part of the Department of Agriculture’s Ginintuang Masaganang Ani Program, under which PHP 23,000,000.00 was allocated for the procurement of farm inputs through a Memorandum of Agreement with the Department of Agriculture. The procurement proceedings lacked due process, including proper bidding procedures and the correct use of public funds, leading to significant irregularities.
Ombudsman Ruling
The Ombudsman concluded that Nicolas, alongside other officials, was guilty of grave misconduct, dishonesty, and conduct prejudicial to the best interest of the service. The Ombudsman found that the procurement of farm machineries was conducted without adequate justification or authorization and involved violations of established procurement laws. Consequently, Nicolas was dismissed from service with additional penalties, including forfeiture of retirement benefits and perpetual disqualification from public office.
Court of Appeals Ruling
The Court of Appeals upheld the Ombudsman’s decision, asserting that Nicolas remained under the jurisdiction of the Ombudsman even after his retirement due to his subsequent election as a municipal councilor. It emphasized that his right to a speedy disposition of cases was not violated as the timeline of events did not reflect significant delays warranting dismissal. Moreover, it classified him as an accountable officer responsible for the diligent management of public funds.
Supreme Court's Evaluation of Issues
The Supreme Court addressed several issues regarding the jurisdiction of the Ombudsman, the applicability of the condonation doctrine, the invocation of inordinate delay, and Nicolas's administrative liability.
Jurisdiction of the Ombudsman: The Court confirmed that the Ombudsman had jurisdiction over Nicolas's case despite the gap in his service, as the acts were committed while he was in government service.
Condonation Doctrine: The Court emphasized that the condonation doctrine does not apply when misconduct occurs in appointive positions, thus affirming that Nicolas's subsequent election did not absolve him of his past actions.
Inordinate Delay Claims: It was held that Nicolas’s invocation of inordinate delay was untimely, as he did not raise it during the administrative proceedings, thus forfeiting his right to challenge on these grounds.
Determining Administrative Liability: The Supreme Court found Nicolas liable for dishonesty and grave misconduct based on substantial evidence. However, it ruled against his liability for conduct prejudicial to the best interest of the service, holding that administrative culpabilit
Case Syllabus (G.R. No. 246114)
Background and Parties
- Petitioner: William Dadez Nicolas, Sr., former provincial treasurer of Isabela.
- Respondent: Task Force Abono-Field Investigation Office (TFA-FIO) of the Office of the Ombudsman.
- Case involves allegations of dishonesty, grave misconduct, and conduct prejudicial to the best interest of the service relating to procurement irregularities.
Facts of the Case
- Department of Agriculture (DA) issued SARO for PHP 728,000,000 under GMA Program for FIFIP.
- LGU-Isabela received PHP 23,000,000 for FIFIP implementation.
- LGU-Isabela entered MOA with DA-RFU II for procurement of farm inputs/implements.
- Two tranches released to LGU-Isabela totaling PHP 23,000,000.
- Undated Purchase Request (PR) for 12 farm machineries worth PHP 12,468,000 certified by Nicolas.
- Public bidding allegedly held on March 18, 2004; awarded to Equity Machineries, Inc. (EMI).
- EMI delivered only 8 units; Nicolas and others certified compliance of deliveries and accepted goods.
- Commission on Audit issued Audit Observation Memoranda noting irregularities.
- Complaint filed in 2012 alleging irregularities including no public bidding, improper use of FIFIP funds, and procurement outside program specifications.
Legal Issues Presented
- Jurisdiction of the Ombudsman over the administrative complaint against Nicolas.
- Whether Nicolas is liable for grave misconduct, dishonesty, and conduct prejudicial to the best interest of the service.
Ombudsman’s Findings
- Nicolas found guilty of dishonesty, grave misconduct, and conduct prejudicial to the best interest of the service.
- Procurement was premature and baseless due to lack of project proposal, irregular bidding documents, and misuse of program funds.
- Specifying brand and model violated Government Procurement Reform Act (RA 9184).
- Nicolas’s defense of good faith rejected due to evident bad faith and gross negligence.
- Penalty: dismissal from service, cancellation of civil service eligibility, forfeiture of retirement benefits, perpetual disqualification from public office.
Court of Appeals (CA) Ruling
- Affirmed Ombudsman’s decision.
- Held Ombudsman had jurisdiction despite Nicolas’ retirement and later elective office term.
- No violation of right to speedy disposition of cases.
- Nicolas was accountable officer responsible for safe custody and disbursement of LGU funds.
- Nicolas actively participated in disbursement process and overlooked red flags regarding irregular procurement.
- No written objection regi