CEBU, Philippines - The controversial dean of the University of the Philippines - Cebu and other two employees were dismissed from service after they were found guilty of grave misconduct and gross neglect of duty.
The Office of the President of UP has found enough bases to dismiss Dean Enrique Avila; Professor Ernesto Pineda, lecturer and consultant, and Alsidry Sharif, the school’s acting budget officer.
Avila was found guilty of gross neglect of duty for granting the request of Green Peaks to utilize a portion of UP Cebu lot located at the left side of the Padgett Place (a Green Peaks Project) intended for a temporary facility site for their project, as well as the football field that was used as temporary stockpile area for dug out soil materials from the construction site.
Avila was also found guilty of grave misconduct for appointing Pineda as chair of the Resource Development Bids and Awards Committee, which reportedly violated Section 11 of Republic Act 9184 or Government Procurement Reform Act.
He was also charged for gross neglect of duty and found guilty “for illegal use of the undergraduate tuition fee increment fund to pay for the Centennial bonus.”
Meanwhile, Pineda was found guilty of grave misconduct for recommending that Green Peaks could use the portion of the lot inside the school’s premises with no compensation and observing procedures.
Pineda was likewise found guilty of gross neglect of duty for purchasing goods and materials for the repair and renovation of the UP Cebu Guest House and Management Division Undergraduate Building even without public bidding.
However, since Pineda has already retired from service and is no longer connected with the university, the decision will be declared moot and academic.
Sharif was found guilty of grave misconduct because he “favorably indorses the project which was out of his competence to evaluate without the referral to CDMO for technical assessment.”
Sharif was ordered suspended for one month for simple misconduct and for failing to turn over a camera that was lost and found.
However, Vice President for Legal Affairs Danilo Concepcion ruled, “considering respondent Sharif was already found liable for grave misconduct under the first charge which carries the penalty of dismissal then the subsequent penalty for simple misconduct is already immaterial.”
The grave misconduct case for keeping the camera was then ordered dismissed.
UP, however, dismissed the charges for grave misconduct against Sharif for allegedly taking the IMAC owned by the UP Cebu Interactive Learning Center outside the university premises without the proper authority. Evidence reportedly failed to prove the allegation.
“The decision shall be final and executory after the lapse of the reglementary period of filing a motion for reconsideration or an appeal,” Concepcion said.
He added, “In the event respondents file a motion for reconsideration, they shall still be considered under preventive suspension since the motion for reconsideration is for the benefit of the respondents and the cause of the delay is due to their action.”
Seven teachers and two UP employees filed the complaint against Avila, Pineda and Sharif.
The respondents may still file a motion for reconsideration within 30 days upon receipt of the order. (FREEMAN)