Penalty vs Guadalupe councilman downgraded

The Court of Appeals in Cebu has modified the decision of the anti-graft office that earlier found a Guadalupe councilman guilty of grave misconduct and meted him the penalty of perpetual disqualification from holding public office, to simple misconduct and three months’ suspension without pay. In his decision, associate justice Edward Contreras of 19th division found that Ruben Baculi had no intention to disregard the established rules on public bidding.

“Given that there is no substantial evidence to prove that elements of corruption, clear intent to violate the law, or flagrant disregard of an established rule characterize Baculi’s act of signing documents pertaining to DV (disbursement voucher) No. 142(25) during his stint as acting barangay captain, his transgression should be adjudged as simple misconduct,” the decision read.

In 2014 the Office of the Ombudsman-Visayas found the key officials of Barangay Guadalupe in Cebu City, including Baculi, guilty of grave misconduct for allegedly purchasing seedlings, hoses, and pipes in 2006 and 2007 without undergoing competitive public bidding.

Barangay Guadalupe was one of the beneficiaries of the Priority Development Assistance Fund Program of former Cebu City South District representative Antonio Cuenco through the Department of Agriculture-Regional Field Unit-7 for the Integrated Livelihood Project for barangays.

The key officials, Eugenio Faelnar, Baculi, David Suzara, Alex Semilla, Robert Gabutan, Rodrigo Gabutan, and Jacquiline Du-imboy were meted the penalty of dismissal from service with cancellation of eligibility, forfeiture of retirement benefits, and the perpetual disqualification for reemployment in government service.

However, due to the reelection of Faelnar, Suzara, Semilla, and Robert Gabutan, their administrative liability became ineffective pursuant to the Aguinaldo Doctrine.

Baculi was not covered by the Aguinaldo Doctrine because during the issuance of the decision he was then executive assistant of the Office of the Mayor in Cebu City during the term of former Mayor Michael Rama.

Since Rodrigo Gabutan and Du-Imboy were no longer connected with the barangay or other government agencies, the penalty of dismissal against them was converted to a fine equivalent to their salary for one year, payable to the Office of the Ombudsman.

Aggrieved by the Ombudsman’s findings, Baculi appealed his case before the CA reiterating that his only participation in the purchase of the seedlings was his being the approving officer of the DV No. 142(25) being then the acting barangay captain because of Faelnar’s suspension.

Baculi claimed that the disbursement voucher was already approved and countersigned by other accountable officers when it reached him; hence his signature on it was only a ministerial act that relied on the said officers’ proper approval and clearance.

The appellate court found Baculi’s petition meritorious.

“We cannot concur with the Ombudsman that Baculi had actively participated in the procurement process when he affixed his signature in the documents that pertained to DV No. 142(25). While it is true that Baculi signed procurement documents that failed to conform to the prescribed procedure under the Government procurement Act, this fact alone is insufficient basis to automatically adjudge him liable for grave misconduct,” the decision read.

Baculi’s lawyer Rey Galeon said the decision of the CA which they received yesterday was proof that there was no corruption committed; rather it was merely a simple misconduct in the procurement -which was never really the intention of his client in the first place.—