G.R. No. 218155 , September 22, 2020.
Fact-Finding Investigation Bureau Military and Other Law Enforcement Offices (FFIB-MOLEO), Petitioner, v. Major Adelo B. Jandayan (Ret.), Respondent.

FACTS

In April 2000, the Philippine Marine Corps (PMC) released funds for the combat clothing and individual equipment (CCIE) allowance for enlisted personnel for 1999. Checks were issued as cash advances. Investigations revealed that sampled personnel did not receive their allowances, signatures on liquidation payrolls were forged, normal distribution procedures were not followed, and government accounting rules were violated. An administrative and criminal complaint was filed against several officers, including respondent Major Adelo B. Jandayan (Ret.), then Assistant Chief of Staff for Personnel, for Malversation through falsification, Dishonesty, and other charges. The Ombudsman found Jandayan guilty of Grave Misconduct and Dishonesty, ordering the forfeiture of his retirement benefits and proscribing his re-employment in government. The Ombudsman’s finding was based on Jandayan’s signatures on a roster of troops and disbursement vouchers certifying the expenses as necessary and lawful, and on documents showing he received entrusted funds from the cash advances, which was deemed irregular as he was not a disbursing officer. The Court of Appeals reversed the Ombudsman, dismissing the complaint, ordering payment of his retirement benefits, and removing the re-employment proscription. The CA found his acts were done in his official capacity, there was no proof he received the money beyond an uncorroborated admission, and no evidence of conspiracy or predisposition to deceive.

ISSUE

Whether the Court of Appeals erred in reversing the Ombudsman’s finding that respondent Major Adelo B. Jandayan (Ret.) is guilty of Grave Misconduct and Dishonesty.

RULING

The Supreme Court REVERSED the Court of Appeals and REINSTATED the Ombudsman’s Decision and Joint Order. The Court held that the Ombudsman’s finding of guilt was supported by substantial evidence. Jandayan’s act of signing the “Funds Entrusted to Agent Officer/Teller” documents constituted receipt of the cash advance proceeds, making him a custodian of the funds. His failure to ensure the funds reached the intended personnel, despite his certifications, constituted gross negligence amounting to Grave Misconduct. His false certification in the disbursement voucher that the expenses were necessary, lawful, and incurred under his direct supervision, when the funds were not properly disbursed, constituted Dishonesty. The Court found the Ombudsman’s conclusions were supported by evidence and not arrived at arbitrarily. Consequently, the penalty of dismissal (with forfeiture of retirement benefits and proscription from re-employment, given his retirement) was reinstated.