SC upholds Pagasa official’s dismissal from gov’t service

The Supreme Court has upheld a ruling of the Court of Appeals and the Presidential Anti-Graft Commission dismissing from government service a top official of the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) due to his involvement in anomalous procurement of radar system in 1996.

In a ruling penned by Associate Justice Minita Chico-Nazario, the High Court’s second division said the CA and the PAGC did not err in finding PAGASA’s former Director Leoncio Amadore guilty of violating the anti-graft law for taking an advance payment even before the actual delivery of the radar system amounting to P20.34 million out of the total contract price of more than P72 million.

"At first glance, it would appear that petitioner has a meritorious case. However, after a thorough review of the record, we find that there was no delivery made by Interpac on Aug. 7, 1997," the High Court said.

Amadore was slapped with suspension and was subsequently dismissed from the service in 1999 involving the procurement of the S-band Weather Surveillance Radar System and other meteorological equipment for the Baguio and Tanay radar stations amounting to more than P72 million.

Court records showed that on Dec. 27, 1996, Amadore entered into a contract with the Inter-Technical Pacific Philippines, Inc. (Interpac) for the supply, delivery, installation, testing and commissioning of the radar system.

The contract was approved by former Secretary William Padolina of the Department of Science and Technology.

PAGASA paid the Interpac on Jan. 14, 1997 the amount of P7.2 million representing a 10 percent advance payment of the total contract price.

On Aug. 13, 1997, PAGASA again made a payment of P13 million representing 35 percent of the Baguio Radar System component contract price.

The PAGC received on June 26, 1998 a complaint from concerned DOST employees addressed to former President Joseph Estrada about the rampant graft and corruption in the DOST.

The DOST employees claimed that the contract with Interpac was grossly disadvantageous to the government and the equipment was overpriced.

The DOST employees also claimed that the procurement of the radar system also did not undergo the regular bidding process.

The PAGC conducted an immediate investigation and later recommended the filing of complaints against Amadore, Padolina and other officials of the weather bureau.

For his defense, Amadore claimed that the payments were made after the Interpac made deliveries to the radar system, but not for the project sites in Baguio and Tanay, but for the PAGASA office in Diliman Quezon City, purportedly for temporary storage of the equipment.

The High Court did not buy Amadore’s defense, saying that Amadore’s claim about the delivery made on Aug. 7, 1997 at the PAGASA office in Quezon City was a mere afterthought in order to save his neck.

"Even without the actual delivery of the equipment to the project site, there were advance payments made to Interpac totaling to P20.34 million or 28 percent of the total contract price, in violation of Section 88 of Presidential Decree 1445. Such delivery is not the one contemplated in the contract entered into by PAGASA and Interpac," the High Court said.

The High Court said the P20.34 million total disbursements is also a clear violation of Presidential Decree 1594 which only allows advance payments not exceeding 15 percent of the total contract price.