Title
Office of the Ombudsman vs. Fetalvero, Jr.
Case
G.R. No. 211450
Decision Date
Jul 23, 2018
A dispute over Lockheed's security contract rating reevaluation led to allegations of misconduct against Fetalvero, but courts ruled his actions were ministerial, lacking evidence of dishonesty.
administrative case
substantial evidence
dishonesty

Case Summary (G.R. No. 211450)

Factual Background

Lockheed served as the incumbent security services contractor of the Philippine Ports Authority’s Port District Office-Luzon and applied for accreditation to bid for a subsequent contract. Port Police officers initially rated Lockheed’s performance at 78.30, described as “fair,” which rendered it ineligible to bid. Upon review and after comments from Lockheed, Port District Office-Luzon Security Staff Officer Captain Geronimo R. Grospe and Port District Manager Hector Miole recommended reconsideration and a recomputation of the rating. Assistant General Manager for Operations Benjamin Cecilio adapted those recommendations and issued a Certificate of Final Rating reflecting a readjusted score of 83.97, or “satisfactory,” thereby making Lockheed eligible to bid. Respondent Fetalvero, as Port District Office-Luzon Superintendent, was directed by Cecilio to review the recommendations against the guidelines and to draft a reply; he collated and computed the submitted ratings and prepared a memorandum and draft Certificate of Final Rating.

Administrative Investigation and Charges

Port Police Division Manager Maximo Aguirre filed a complaint-affidavit alleging that Cecilio, Fetalvero, Miole, Grospe, and Peregrina committed Grave Misconduct and Dishonesty by effecting an irregular reassessment and readjustment of Lockheed’s rating contrary to the procedures in Philippine Ports Authority Memorandum Circular No. 18-2000 and without the participation or endorsement of the officers who conducted the original evaluation. The complainant alleged deceit and misrepresentation intended to favor Lockheed. Officer Generoso dismissed the complaint on May 21, 2003, but Assistant Special Prosecutor III Roberto T. Agagon issued a Review Resolution on November 25, 2004 recommending dismissal from service for the charged officers on grounds that the readjustment was irregular, unsupported by documents or computations, and made by officers lacking personal knowledge of Lockheed’s performance.

Ombudsman Actions and Subsequent Reviews

The November 25, 2004 Review Resolution’s recommendation of dismissal was approved by the Deputy Ombudsman for the Military and Other Law Enforcement Offices. Thereafter, motions for reconsideration were granted by Graft Investigation and Prosecution Officer II Joselito Fangon on June 7, 2006, which reversed the Review Resolution. This reversal was in turn challenged by a review order dated October 20, 2006 by Graft Investigation and Prosecution Officer I Russel C. Labor, which recommended affirming the November 25, 2004 Review Resolution on the ground that the readjustment lacked personal-knowledge basis and reflected a common intent to cover up a below-satisfactory rating. The recommendation of the October 20, 2006 Review Order was approved by the Deputy Ombudsman for Luzon.

Court of Appeals Proceedings

Respondent Fetalvero appealed the Ombudsman’s adverse findings to the Court of Appeals. He maintained that his acts were ministerial, consisting of collating and computing raw data transmitted by Miole and Grospe in the regular performance of his duties. On April 15, 2013, the Court of Appeals granted Fetalvero’s petition, sustained the May 21, 2003 dismissal by Officer Generoso, and held that respondent’s acts did not constitute dishonesty or grave misconduct. The Court of Appeals noted Officer Fangon’s finding that the readjustment was supported by documents in the Philippine Ports Authority records and that related criminal proceedings had been withdrawn by the Ombudsman from the Sandiganbayan. The Court of Appeals therefore reversed and set aside the Ombudsman’s Review Resolution and Review Order and dismissed Administrative Case No. OMB-C-A-02-0023-A against Fetalvero. Motions for reconsideration were denied by the Court of Appeals on February 20, 2014.

The Parties’ Contentions Before the Supreme Court

The Office of the Ombudsman petitioned for review, arguing that the readjusted Certificate of Final Rating was loosely based on respondent’s draft reply, that two Certificates of Final Rating were prepared with inconsistent dates, that the officers who conducted the reevaluation were not the same as those who performed the original evaluations, and that respondent and the reevaluators lacked personal knowledge to reassess Lockheed’s performance; the Ombudsman asserted that these facts established administrative liability for Grave Misconduct and Dishonesty. The Ombudsman relied on the standard that the lowest degree of substantial evidence suffices in administrative proceedings, citing Mira v. Dosono, and argued that ministerial action by respondent would not absolve him. Respondent maintained that he performed only ministerial tasks of collating and computing the ratings transmitted to him and that he did not recommend the reconsideration or readjustment; he invoked the Court of Appeals’ related disposition in Miole v. Aguirre and reiterated that his conduct lacked the necessary wrongful intention or deceit.

Issue Presented

The sole issue before the Supreme Court was whether there existed substantial evidence to hold Loving F. Fetalvero, Jr. administratively liable for Dishonesty and Grave Misconduct for his role in the readjustment of Lockheed’s performance rating.

Supreme Court’s Ruling

The Supreme Court denied the petition and affirmed the Court of Appeals’ April 15, 2013 Decision and February 20, 2014 Resolution. The Court held that the Ombudsman, as complainant in the administrative proceedings, failed to prove by substantial evidence that respondent acted with dishonesty or wrongful intention in collating and computing Lockheed’s ratings. The Court concluded that respondent’s role was ministerial and confined to compiling the ratings and preparing a report and draft Certificate of Final Rating pursuant to the instructions of his superiors and the procedures in Philippine Ports Authority Memorandum Circular No. 18-2000.

Legal Basis and Reasoning

The Court reiterated that complainants in administrative proceedings must prove allegations by substantial evidence, defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,” citing De Jesus v. Guerrero III. The Cour

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