G.R. No. 257723 , April 1, 2024
AURORA O. ARAGON-MABANG, PETITIONER, VS. OFFICE OF THE OMBUDSMAN, RESPONDENT.

FACTS

On May 9, 2012, the Department of Budget and Management issued a Special Allotment Release Order covering PHP 3,800,000.00 to the National Commission on Muslim Filipinos (NCMF) for a livelihood project funded by the Priority Development Assistance Fund (PDAF) of Congressman Simeon A. Datumanong. In a letter dated July 16, 2012, Cong. Datumanong requested the NCMF, through then Secretary Mehol K. Sadain, to implement the project through the non-government organization Maharlikang Lipi Foundation, Inc. (MLFI). The NCMF, through an unnumbered and undated disbursement voucher (1st DV) signed by petitioner Aurora O. Aragon-Mabang (as Acting Chief of the Management Audit Division), Fedelina D. Aldanese (as Acting Chief Accountant), and Sadain, released PHP 3,420,000.00 to MLFI on July 31, 2012, retaining ten percent for monitoring and retention fees. A Memorandum of Agreement (MOA) for the project was executed only on August 10, 2012. A second disbursement voucher (2nd DV) dated February 13, 2013, signed by Mabang, Galay M. Makalinggan, Aldanese, and Sadain, led to the release of the PHP 266,000.00 retention fee to MLFI. The OMB-Field Investigation Office filed a complaint for Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service against Sadain, Makalinggan, Aldanese, Mabang, and Cashier Olga S. Galido. The OMB found them guilty, imposing the penalty of dismissal. The Court of Appeals affirmed the OMB’s decision. Mabang filed the present petition, arguing she performed her duties in good faith, her functions were procedural and non-discretionary, and she had no contact with the legislator or the NGO.

ISSUE

Whether the Office of the Ombudsman and the Court of Appeals correctly found petitioner Aurora O. Aragon-Mabang guilty of Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service.

RULING

No. The Supreme Court granted the petition and reversed the assailed Decision and Resolution of the Court of Appeals. The Court found that the Ombudsman and the CA erred in holding Mabang administratively liable. The Court ruled that Mabang, as the Acting Chief of the Management Audit Division, performed a purely ministerial duty in certifying on the disbursement vouchers that the expenses were necessary, lawful, and incurred under her direct supervision. Her certification was based on the completeness of the supporting documents presented to her, which included the legislator’s endorsement, the MOA, and the requisite approvals. The Court emphasized that her function was non-discretionary and she had no authority to select the NGO or to evaluate the propriety of the procurement method. There was no substantial evidence showing that Mabang acted with corrupt intent or manifest partiality. The Court further held that her acts, performed in the regular course of her duties and in good faith, did not constitute Grave Misconduct or Conduct Prejudicial to the Best Interest of the Service. The administrative charges against Aurora O. Aragon-Mabang were dismissed.