GR 169029; (August, 2006) (Digest)
G.R. No. 169029 August 22, 2006
OFFICE OF THE OMBUDSMAN, Petitioner, vs. ROGELIO Q. TONGSON, SANNY BOY O. OROPEL, JAIME S.J. JAVELLANA, JOSE C. MARAVILLA, and COURT OF APPEALS-CEBU, Respondents.
FACTS
The Department of Public Works and Highways (DPWH) awarded a road concreting project to Korona Construction. Respondents, DPWH officials Rogelio Tongson, Sanny Boy Oropel, Jaime Javellana, and Jose Maravilla, oversaw the project. On April 3, 2001, Javellana and Maravilla certified the project as 100% complete, leading to the approval by Tongson and Oropel of the contractor’s final billing and the release of full payment. However, an investigation later revealed that only 95% of the work was actually finished at that time. The officials defended their actions by claiming the project was “substantially complete” and that the retained 10% performance bond was sufficient to cover the deficiency.
ISSUE
Whether the Court of Appeals erred in reversing the Ombudsman’s finding of administrative liability against the DPWH officials for Grave Misconduct and Dishonesty.
RULING
Yes. The Supreme Court reinstated the Ombudsman’s finding of administrative liability but modified the offense to Neglect of Duty. The legal logic is anchored on the Ombudsman’s constitutional mandate to investigate and prosecute acts of public officials. The Court found the Ombudsman’s factual conclusions, based on substantial evidence, to be persuasive. The officials’ act of certifying a 100% completion and authorizing full payment for an unfinished project constituted a clear breach of their duty to ensure strict compliance with government contract procedures. This failure to exercise due diligence in the performance of their functions warranted administrative sanction. The Court emphasized that while the penalty was modified, the objective of administrative proceedings is the improvement of public service. The officials’ negligence eroded public trust, and their suspension for three months without pay was deemed appropriate to uphold accountability in public office.