Tuesday, March 07, 2006

For 170 counts of graft

SC gives go ahead to sue former vice admiral

The Supreme Court has given the green light for the prosecution before the Sandiganbayan of a former top official of the Philippine Navy after he was indicted on 170 counts of graft and 21 counts of malversation of public funds totaling P153 million.

The charges stemmed from alleged illegal transactions in the purchase of medical and construction supplies for the Philippine Navy in 1991 and 1992.

In a 14-page decision by its First Division dated February 27, 2006, the High Court found no grave abuse of discretion on the part of the Ombudsman when it ordered the filing of charges at the Sandiganbayan against Vice Admiral Mariano Dumangcas Jr.

The ruling, written by Associate Justice Minita Chico-Nazario, argued that the Court will not interfere with the findings of the Ombudsman in the conduct of preliminary investigation unless there is grave abuse of discretion.

“No grave abuse of discretion, as defined, can be attributed to the Ombudsman. On the contrary, his orders finding probable cause against petitioner are based on the evidence extant in the records,” the decision said.

The Court pointed out that it is within the power of the Ombudsman not to honor the recommendations of its prosecutors and that he has the discretion to cite the findings based on a marginal note alone, even without citing the legal and factual basis therein.

“The marginal note of the Ombudsman setting aside the recommendation of [Special Prosecution Officer Cicero] Jurado and ordering the filing of the necessary information against petitioner is not a case of a total absence of factual and legal basis nor a failure on the part of the Ombudsman to appreciate the evidence presented,” the ruling said.

The charges against Dumangcas were based on the findings of the Commission on Audit that he violated accounting and auditing rules in several questionable transactions in the Philippine Navy from July 1991 to June 1992 and some transactions from January to June 1991.

These transactions include the questionable purchases of medicines, medical supplies, office supplies and construction supplies amounting to P55 million, alterations in the sales invoices amounting to P19 million, purchase of construction and asphalting materials amounting to P31 million, another purchase of medicines and medical supplies worth P53 million, purchase of various supplies and materials for vehicles and a ship worth P6.8 million, and several other transactions.

The case reached the High Court after Dumangcas questioned the findings of the Ombudsman, saying that there was grave abuse of discretion.