Palace reverses order dismissing gov’t exec for graft
March 22, 2007 | 12:00am
Malacañang withdrew yesterday its order to dismiss for graft an executive of a Land Bank of the Philippines subsidiary, saying removing the official from service would be "too excessive and harsh a penalty."
In a resolution dated March 19 furnished to The STAR, Malacañang downgraded the penalty for Edward Fereira, general manager of the Land Bank Realty Development Corp., from dismissal to reprimand.
"After a second hard look, we are swayed to consider that the penalty of dismissal from government service together with its accessory penalties too excessive considering the violations committed by Fereira," the resolution said.
"While violations of laws or rules committed by public officers and employees, no matter how minor, shall not be left unpunished, the penalty should be commensurate to the violation committed," it added.
Malacañang approved in January the dismissal of Fereira upon the recommendation of the Presidential Anti-Graft Commission. PAGC also recommended the forfeiture of Ferreira’s civil service eligibility and financial benefits.
PAGC’s filing of graft and corruption charges against Fereira stemmed from his failure to declare his leave of absence and submit supporting documents for the reimbursement of expenditures.
Fereira also hired a technical assistant group without the approval of the Land Bank board and failed to justify the overtime work of his driver, the use of a government vehicle for non-official purposes, and the printing of calling cards, complimentary cards bearing the new name of LBDRC.
Fereira was also accused of wrongdoing in the sale of a stainless sprayer without the Committee on Bids and Awards’ approval.
Executive Secretary Eduardo Ermita said the legal department took note of Ferreira’s complaint that he was not allowed to properly ventilate his side. He said Ferreira was able to liquidate his expenses and make the necessary reimbursement.
"After careful study, the legal department found out that the proposed penalty was too much and that due process was not fully accorded to him (Fereira). But he will still be punished by reprimand and that is something that should be taken seriously," Ermita said.
In the resolution, Malacañang stressed that although Fereira committed a procedural lapse when he hired new employees, the board may always revoke the employees’ appointments anyway.
On Fereira’s adoption of a new corporate name for the company, Malacañang said the board had already approved it although there was no resolution yet.
"Technically, the adoption of a new corporate name of LBDRC has been agreed upon save for the ministerial signing of a resolution by the board of directors," the resolution read.
"While the printing of calling cards, ‘thank you’ cards and complimentary cards was premature, the same was made in the honest belief that the Board would later on issue the resolution, adopting the new corporate name, after all, it has already approved the same, and the only thing left to be done was to issue the appropriate Board resolution," Malacañang said.
Fereira said he felt relieved by Malacañang’s resolution.
"I have never wavered in my faith in the administrative and judicial system of our government. I feel vindicated because the case was fairly and justly resolved in its own merits, because I am not a corrupt person," Fereira said.
"I really prayed so hard to God that justice, fairness and the real truth would come out. I have no bad intention in the performance of my work," Fereira said. He said the dismissal order took a toll on his health and gave him much anguish.
"I had sleepless nights. In fact, I’ve also been hospitalized. I value very much my integrity and image in the business and diplomatic community," Fereira said. – With Paolo Romero
In a resolution dated March 19 furnished to The STAR, Malacañang downgraded the penalty for Edward Fereira, general manager of the Land Bank Realty Development Corp., from dismissal to reprimand.
"After a second hard look, we are swayed to consider that the penalty of dismissal from government service together with its accessory penalties too excessive considering the violations committed by Fereira," the resolution said.
"While violations of laws or rules committed by public officers and employees, no matter how minor, shall not be left unpunished, the penalty should be commensurate to the violation committed," it added.
Malacañang approved in January the dismissal of Fereira upon the recommendation of the Presidential Anti-Graft Commission. PAGC also recommended the forfeiture of Ferreira’s civil service eligibility and financial benefits.
PAGC’s filing of graft and corruption charges against Fereira stemmed from his failure to declare his leave of absence and submit supporting documents for the reimbursement of expenditures.
Fereira also hired a technical assistant group without the approval of the Land Bank board and failed to justify the overtime work of his driver, the use of a government vehicle for non-official purposes, and the printing of calling cards, complimentary cards bearing the new name of LBDRC.
Fereira was also accused of wrongdoing in the sale of a stainless sprayer without the Committee on Bids and Awards’ approval.
Executive Secretary Eduardo Ermita said the legal department took note of Ferreira’s complaint that he was not allowed to properly ventilate his side. He said Ferreira was able to liquidate his expenses and make the necessary reimbursement.
"After careful study, the legal department found out that the proposed penalty was too much and that due process was not fully accorded to him (Fereira). But he will still be punished by reprimand and that is something that should be taken seriously," Ermita said.
In the resolution, Malacañang stressed that although Fereira committed a procedural lapse when he hired new employees, the board may always revoke the employees’ appointments anyway.
On Fereira’s adoption of a new corporate name for the company, Malacañang said the board had already approved it although there was no resolution yet.
"Technically, the adoption of a new corporate name of LBDRC has been agreed upon save for the ministerial signing of a resolution by the board of directors," the resolution read.
"While the printing of calling cards, ‘thank you’ cards and complimentary cards was premature, the same was made in the honest belief that the Board would later on issue the resolution, adopting the new corporate name, after all, it has already approved the same, and the only thing left to be done was to issue the appropriate Board resolution," Malacañang said.
Fereira said he felt relieved by Malacañang’s resolution.
"I have never wavered in my faith in the administrative and judicial system of our government. I feel vindicated because the case was fairly and justly resolved in its own merits, because I am not a corrupt person," Fereira said.
"I really prayed so hard to God that justice, fairness and the real truth would come out. I have no bad intention in the performance of my work," Fereira said. He said the dismissal order took a toll on his health and gave him much anguish.
"I had sleepless nights. In fact, I’ve also been hospitalized. I value very much my integrity and image in the business and diplomatic community," Fereira said. – With Paolo Romero
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