Malacañang orders Salazar’s dismissal from ERC

Malacañang has ordered the dismissal from service of Energy Regulatory Commission (ERC) Chairman Jose Vicente B. Salazar for grave misconduct.

Malacañang, through Executive Secretary Salvador C. Medialdea, said it found Salazar to have “violated the relevant provisions of Republic Acts 9136 or the Electric Power Industry Reform Act (EPIRA), RA 9184 or the Government Procurement Reform

Act, and RA 3019 or the Anti-Graft and Corrupt Practices Act” and that “such violations constitute the administrative offense of misconduct.”

Salazar, in a text message, said “this is not the end of the legal process. There are still options available and I intend to tap them.”

Medialdea’s ruling stipulated that “misconduct has been defined as an intentional wrongdoing or a deliberate violation of a rule or law or standard of behavior, especially by a government official.”

“A misconduct is grave where the elements of corruption, clear intent to violate the law, or flagrant disregard of established rules are present,” Medialdea said.

He added that Salazar’s act of issuing the 26 January 2017 orders relative to the renewal of the EPPAs (electric power purchase agreements) between FDC (Filinvest Development Corporation) and seven distribution utilities as well as appointing ERC officers and personnel without the concurrence and approval of the ERC commissioners, constitute simple misconduct.”

The order further stated that “in both infractions, the elements of corruption, clear intent to violate the law or flagrant disregard of established rule were not adequately proven.”

“With respect to the matter of procurement of the AVP (audio visual presentation) project, all elements of corruption, clear intent to violate the law and flagrant disregard of established rule have been sufficiently demonstrated.”

Malacañang emphasized that such had been “manifested in the various ways in which Salazar tried to ensure that (Luis) Morelos would get the project.” Morelos was alleged to have been the favored party to undertake the AVP project.

The Palace order stated that “corruption as an element of grave misconduct consists of the act of an official or employee who unlawfully or wrongfully uses (his) her station or character to procure some benefit for himself or for another, at the expense of the rights of others. Accordingly, this Office finds respondent Salazar guilty of grave misconduct.”