CA affirms dismissal of former Capitol PIO

CEBU, Philippines - The Court of Appeals 18th Division has affirmed the decision of the Civil Service Commission and the Committee on Discipline of the Cebu Provincial Government, dismissing Richard Ramos, the former head of the Provincial Information Office, from the service.

In his decision, executive justice Pampio Abarintos said he found no evidence that would warrant the reversal of the judgment.

“In fine, there is no cogent reason to depart from the pronouncements of public respondent CSC which affirmed the judgment of the Committee on Discipline as approved by public respondent Governor. As the assailed Resolution No. 091665 and Resolution No. 100946 are well-grounded and they were reasonably issued, they are inevitably upheld,” the decision reads.

Ramos was found guilty of grave misconduct when he allegedly stamped the notation “original document signed” on the Terms of Reference for a computerization project even when the original copy was not yet signed by former Governor Gwendolyn Garcia.

In his petition for review, Ramos said the CSC erred in upholding the decision of the Committee on Discipline. He claimed that he was not given the opportunity of a formal hearing.

Abarintos, however, ruled the other way. He said Ramos was never denied of due process.

“In the extant case, petitioner was apprised of the charge of grave misconduct against him. He submitted his answer thereto along with his affidavit. While he was not around during the initial hearing of the controversy, he was present during the succeeding hearing conducted by the Committee on Discipline. Petitioner participated fully therein and he was even represented by his counsel,” the decision read.

In 2008, Ramos was tasked by Garcia to make the TOR when the provincial government undertook “a massive computerization plan” for all its offices. The computerization project was supposed to cost about P38 million.

Ramos said sometime in July 2008, he showed to Garcia the finished TOR.

The TOR was supposed to be signed by Garcia before it can be used by the Bids and Awards Committee for the pre-bidding process.

However, he said every time he tried to get Garcia to sign, she was always out of office or out of town. During the pre-bidding conference on Aug. 13, 2008, he said the BAC used the TOR he prepared with the notation “original document signed.”

The following day, he said he went to the Office of the Governor to have the TOR signed but Garcia asked him about the pre-bidding conference. He said he was asked if there were many bidders who participated, to which he replied there were only two. He was then ordered by Garcia to tell the BAC to cancel the bidding process.

He said the BAC asked him if the original copy of the TOR was indeed signed by Garcia to which he replied not yet. He, however, reasoned that placing the notation “original document signed” on the TOR was done in good faith.

Despite his explanation, he said the former chairman of the BAC, Roy Salubre filed a complaint against him before the Committee on Discipline for dishonesty/grave misconduct.

In his affidavit, Ramos claimed that he had no intention to put Garcia in a bad light and defraud the provincial government.

He added that he stamped the notation “original document signed” on the TOR because of the pressure he got from the members of the BAC.

On Aug. 13, 2008, he said that considering the bidders were already at the Capitol while Garcia was out of town, he stamped the notation “original document signed” in good faith, believing that the latter would later sign the TOR.

Despite Ramos’ claim he did it in good faith, he was still found guilty by the Committee on Discipline and this was upheld by the CSC.

Abarintos ruled with the foregoing evidence there was no doubt that Ramos committed the crime.

“There is substantial evidence to support the finding of grave misconduct in this case. The TOR is a very important document in the bidding process and only when such document is signed or approved that it can be used in the pre-bidding conference. This has been the established rule of the BAC and petitioner knew this,” the decision read, adding if the TOR had no signature of Garcia then it was deemed not approved and could not be used in the pre-bidding conference.  (FREEMAN)