Military officer in scam seeks reinstatement

An Army colonel who had been sacked for his alleged involvement in irregular transactions at the Logistic Management Division of the Armed Forces of the Philippines (AFP) asked the Court of Appeals yesterday to order his reinstatement.

In a 29-page petition for certiorari, Lt. Col. Hilario Vicente Lagnada urged the appellate court to issue an injunction against the AFP top brass and order his reinstatement, claiming he was denied due process in his relief as division chief of the AFP’s Logistic Management Division.

As a result of his removal on Dec. 10, 2004, Lagnada said he has since been on "floating status."

Lagnada filed the petition before the CA questioning the AFP order for his relief.

Respondents in the petition include AFP chief of staff Gen. Efren Abu and six other generals.

Lagnada was ordered relieved for allegedly allowing his wife Haydie to transact business with the AFP in violation of the Dec. 1, 1990 memorandum issued by the secretary of the Department of National Defense (DND).

The DND memorandum provided that "any member of the family of military officer within the fourth degree of consanguinity and affinity is not allowed to transact business with DND-AFP."

Lagnada’s counsel Augusto Arreza said Abu and the rest of the respondents were misled by the impression that Lagnada’s position had the power and authority to recommend the approval or disapproval of any transaction.

Arreza said the respondents were culpable of bad faith and suppression of evidence because they did not provide a copy of the investigation report.

He said the same report was used as the basis for the suspension order against Lagnada.

"(The) petitioner, pursuant to the due process clause of the Constitution, has the right to be informed of the legal justification for his relief, which justification was accorded to other military personnel covered by the disputed (suspension order)," the petition stated.

The complaint stemmed from allegations made by a certain Nelia Ayson of GAZZA Enterprises, who claimed that Lagnada, Army Lt. Col. Jessie Mario Dosado and Maj. Reinhard Bautista made unauthorized release of checks amounting to more than P2.7 million.

Haydie Lagnada allegedly approached Ayson to finance a P10.7 million hospital project for the Army.

Ayson reportedly agreed to finance the project after she had been convinced by Mrs. Lagnada that she could use the influence of her husband to get her payment for the project.