By Perfecto Raymundo
MANILA, (PNA) — The Court of Appeals has upheld the dismissal of several Philippine National Police officials and the cases against other private individuals who are also facing criminal charges before the Sandiganbayan.
The cases stemmed from the anomalous repair and maintenance of 28 units of V-150 PNP Light Armored Vehicles for more than P400 million in 2007.
In a resolution dated Oct. 17, 2013 written by Associate Justice Romeo Barza and concurred in by Associate Justices Noel Tijam and Ramon Cruz, the CA’s 7th Division dismissed the petition for certiorari filed by Police Sr. Insp. Annalee Forro assailing the decision of Ombudsman Conchita Carpio Morales finding them guilty of grave misconduct and ordering their dismissal from government service or the alternative penalty of fine equivalent to one year salary with forfeiture of all benefits and perpetual disqualification to hold public office.
The CA said Forro should have filed a petition for review and not a petition for certiorari.
“As the present controversy pertains to an administrative case, petitioner’s proper remedy there is not by way of certiorari but by way of a petition for review under Rule 43 of the Revised Rules of Court,” the CA said.
The Fact-Finding Investigation Bureau of the Ombudsman’s Deputy Ombudsman for the Military and Other Law Enforcement Offices said in its complaint that on Aug. 14, 2007, then PNP Chief Director General Oscar Calderon initiated the request for repair and refurbishing of 10 V-150 LAVs in connection with the PNP Special Action Force’s capacity build-up program for P275,365,000.
However, then PNP Chief Director General Avelino Razon, Jr. requested for a supplemental budget for the repair and refurbishing of the remaining 18 LAVs.
The complaint alleged there were irregularity in the “bidding process, awarding of contracts and utilization of funds intended for the repair/refurbishment of 28 V-150s of the PNP.”
Aside from Forro, also facing four counts of charges for violations of the Anti-Graft and Corrupt Practices Act; the Government Procurement Reform Act; and malversation through falsification in relation to the purchase of 40 tires by the PNP are Teodorido Lapuz IV, Emmanuel Ojeda, Reuel Leverne Labrado, Forro, Edgar Paatan, Henry Duque and Victor Puddao, all members of the Logistics Supports Services-Bids and Awards Committee; Josefina Dumanew, purchasing officer; Antonio Retrato, Chief, Accounting Division; Warlito Tubon, Inspection Officer; Geary Barias, former Director for Comptrollership; Alex Barameda, property inspector; Eulito Fuentes, supply accountable officer; Rainier Espina, Acting Chief, PNP Management Division, all of the PNP; and private individual Oscar Madamba.
The same charges were also filed against Razon; Lapuz, Ojeda, Labrado, Forro, Paatan, Puddao, Dumanew, Retrato, Tubon, Alfredo Lavina, Responsible Supply Police Non-Commissioned Officer of the LSS; NUP Maria Teresa Narcise, property inspector; former Director for Comptrollership Eliseo dela Paz; Fuentes, Victor Agarcio, Chief, TMD,LSS; Espina, Acting Chief Management Division; NUP Patricia Enaje, property inspector; and private individuals Harold Ong, Tyrone Ong, Pamela Pensotes, Evangeline Bais, and Artemio Zuniga; in relation to the repair and maintenance of the PNP’s 18 V-150 LAVs.
The criminal charges against Forro and other high-ranking PNP officials are now pending before the Sandiganbayan.