Ombudsman affirms decision on "Chopper" case22 November 2012
The Office of the Ombudsman stood pat on its decision to dismiss from the service 14 PNP Officials and personnel and to suspend for 6 months six others for their involvement in the controversial procurement of PNP helicopters.
In a 49-page Order signed on 19 November 2012, Ombudsman Conchita Carpio Morales denied for lack of merit the Motions for Reconsideration filed by P/Dir. Leocadio Salva Cruz Santiago, Jr., P/Supt. Ermilando Villafuerte, P/Supt. Roman E. Loreto, P/CSupt. Herold G. Ubalde, P/CSupt. Luis L. Saligumba, P/SSupt. Job Nolan D. Antonio, P/Dir. George Q. Piano, P/SSupt Edgar B. Paatan, P/SSupt. Mansue N. Lukban, P/CInsp. Maria Josefina Vidal Reco, P/SSupt. Claudio DS Gaspar Jr., SPO3 Ma. Linda A. Padojinog, PO3 Avensuel G. Dy, and NUP Ruben S. Gongona, who were meted the penalty of dismissal from the service.
Ombudsman Morales likewise denied the Motions for Reconsideration filed by P/SSupt. Joel Crisostomo DL Garcia, SPO3 Jorge B. Gabiana, PO3 Dionisio Jimenez, NUPs Erwin O. Chavarria, Emilia A. Aliling, and Erwin Paul Maranan who were meted the penalty of suspension from the service for six months without pay.
The Order states that “the respondents failed to present new evidence which will materially affect the Resolution in question. They likewise failed to show that grave errors of facts or laws or serious irregularities have been committed by this Office prejudicial to their interest.â€
It reiterated its findings in the Joint Resolution dated 30 May 2012 that the said PNP officers participated in the whole procurement process, which makes it impossible for private supplier Hilario B. de Vera or MAPTRA Sole Proprietorship to be able to deceive them without their cooperation.
The case arose from the PNP’s purchase from MAPTRA of one fully-equipped Robinson R44 Raven II Light Police Operational Helicopter (LPOH) for P42,312,913.10 and two standard Robinson R44 Raven I LPOHs for P62,672,086.90, or for a total amount of P104,985,000 from 2009 to 2010.
The Special Investigating Panel found, among other things, that (i) MAPTRA did not possess the technical and financial eligibility required by law; (ii) MAPTRA delivered only one brand new Robinson Raven II LPOH while the two delivered Robinson Raven I LPOHs were actually pre-owned by the former FG Arroyo, and/or non-compliant with the set requirements such as endurance/ventilating system and valid/existing engine warranties, causing undue injury to the government in the amount of at least P34,632,187.50 representing the overpriced figure; (iii) PNP entered into the helicopter supply contract with MAPTRA even before the completion of the post-qualification process; and (iv) MAPTRA was just a marketing arm and not the authorized dealer of brand new R44 Raven 1 units.
Aside from the administrative sanctions, criminal cases were also filed against the respondents before the Sandiganbayan.
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