In an en banc decision dated Dec. 5, 2002, the PAGC cleared Alvarez of charges that alleged irregularities were committed in the hiring of consultants for the department.
The anti-graft body ruled that "there is no clear and convincing proof to support the charges against respondent Alvarez," according to the resolution, signed by PAGC Chairman Dario Rama and Commissioner Teresita Baltaraz.
"The records show that the allegations of the complainant, aside from being misleading, are wanting in evidentiary support. On the other hand, the Commission finds the actions of the respondent to be consistent with his duties and functions as secretary of a department in the executive branch of government, and were all done pursuant to the law," the PAGC resolution stated.
Last October, the DENR Employees Union (DENREU) filed before the PAGC a complaint alleging that as of June 2002, Alvarez hired 195 consultants, who were paid by the DENR a total of P56 million.
It was the same complaint they filed with the Commission on Appointments during hearings to confirm Alvarez’s appointment as DENR chief.
The basis of the union’s case was a July 2, 2002 memorandum of DENR chief accountant Elvira Caparas to Alvarez, expressing concern that the hiring of individual contracts of service "has gone to an alarming number of personnel being hired under MOOE (Maintenance, Operating and Other Expenses) 200-29."
However, the PAGC ruled that a public officer is presumed to have acted in the regular performance of his duties and therefore cannot be held liable unless contrary evidence is presented to overcome the presumption.
The anti-graft body cited Caparas’ sworn affidavit clarifying that under Section 76 of Republic Act 9162 or the General Appropriations Act of 2002, the department is authorized to enter into service contracts with private firms or individual consultants or contracts of service.
Caparas added that there is no specific number of consultants or contracts of service authorized to be hired.