Case Summary (A.M. No. RTJ-04-1840)
Factual Background
In January 2006, Dean Domingo B. Nunez requested the purchase of a vehicle with specific technical requirements. This request received approval from President Benjamin G. Tayabas of PLM on January 19, 2006. Subsequently, it was determined that the Hyundai Starex van met these specifications. The procurement process initiated involved the Bids and Awards Committee (BAC), which included various PLM officials, and concluded with the recommendation for direct procurement, as public bidding was deemed not applicable.
Purchase Process
Jose M. Roy III was appointed Acting President of PLM on February 24, 2006, while the BAC evaluated submitted quotations on May 10, 2006. Following their recommendation, Roy signed the necessary documents culminating in the purchase order for the Hyundai Starex, finalized on June 6, 2006. However, the Commission on Audit (COA) later flagged this procurement, stating that it bypassed required approvals and did not adhere to public bidding regulations as stipulated by Republic Act (R.A.) No. 9184.
Ombudsman Complaint and Allegations
In August 2013, the FIO lodged a complaint against Roy and several PLM officials, asserting violations of anti-corruption laws, including grave misconduct and gross neglect. The FIO alleged that the procurement should have undergone public bidding due to the absence of appropriate authorizations and the fact that Hyundai Otis was not the exclusive dealer for the vehicle.
Ombudsman Resolution
On November 9, 2015, the Ombudsman found probable cause to indict Roy and others for violations of R.A. No. 3019. This resolution indicated the intent to file charges based on perceived wrongdoing in the procurement process. Subsequently, Roy sought a reconsideration of the Ombudsman's decision, presenting as new evidence a Notice of Settlement issued by the COA, which settled the previous suspension of the vehicle's procurement.
Court's Evaluation of the Allegations
The primary issue for determination was whether the Ombudsman had committed grave abuse of discretion in its finding of probable cause to indict Roy. The Supreme Court noted that the elements required under Section 3(e) of R.A. No. 3019 were not substantiated. These elements require proof of a public officer acting with manifest partiality, evident bad faith, or gross inexcusable negligence.
Lack of Evidence for Criminal Charges
The Court concurred with Roy’s petition, noting that while he held a position of authority, he did not actively engage in malfeasance during the procurement process. The evidence did not establish that he acted negligently, nor did it demonstrate intent to provide undue advantage to any
...continue readingCase Syllabus (A.M. No. RTJ-04-1840)
Case Background
- This case arises from a Special Civil Action for Certiorari filed by petitioner Jose M. Roy III on August 2, 2016, under Rule 65 of the Rules of Court.
- The petitioner seeks the issuance of a Temporary Restraining Order or a Writ of Preliminary Injunction to restrain the filing of information against him.
- Additionally, the petitioner requests to reverse the Ombudsman’s Resolution dated November 9, 2015, and the Joint Order dated April 29, 2016, citing grave abuse of discretion amounting to lack or excess of jurisdiction.
Factual Antecedents
- In January 2006, Domingo B. Nunez, the former dean of the Pamantasan ng Lungsod ng Maynila (PLM), requested the purchase of a vehicle for the PLM-Open University Distance Learning Program, specifying detailed technical requirements.
- The vehicle request was approved by then PLM President Benjamin G. Tayabas on January 19, 2006.
- Supply Officer Alfredo C. Ferrer indicated that the Hyundai Starex van was the only vehicle that met the specifications, leading to the preparation of a Purchase Application.
- A favorable recommendation was made by Atty. Lawrence Villanueva, and the Bids and Awards Committee (BAC) was tasked to evaluate the procurement method.
- The procurement process, however, was not reported or advertised as mandated by Republic Act No. 9184.
- By February 24, 2006, petitioner was appointed as Acting President of PLM with the authority to oversee procurement.
- On May 17, 2006, the BAC recommended direct contracting for the vehicle purchase, w