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[av_heading heading=’‘WRONGFUL DISMISSAL’’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY GLENDA S. TAYONA
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February 2, 2018
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CA orders Salinas’ reinstatement
ILOILO City – The Court of Appeals (CA) declared as wrongful the dismissal of former Iloilo Police Provincial Office (IPPO) director Senior Superintendent Cornelio Salinas and ordered his immediate reinstatement.
In its 17-page decision released on Jan. 30, 2018, CA’s 13th Division reversed a 2015 Office of the Ombudsman ruling dismissing Salinas and two other police officers for grave misconduct in relation to the procurement of Philippine National Police (PN) rubber boats in 2009.
In 2009, Salinas was a member of the PNP Maritime Group’s Bids and Awards Committee (MG-BAC) that approved the emergency purchase of coastal crafts following a series of typhoons (“Ondoy”, “Peping”, “Quedan”, “Ramil”, “Santi”, “Tino”, “Urduja”, and “Vinta”).
He was dismissed from the service by the Ombudsman on June 2, 2015.
According to the CA, the emergency procurement of rubber boats worth P5 million was justified and the MG-BAC in fact “conducted the negotiated procurement with utmost transparency and in accordance with the rules and (National Police Commission) specifications.”
MG-BAC awarded the rubber boat contract to Four Petals Trading (FPT).
“It is…quite perplexing to charge the members of the MG-BAC of grave misconduct when the records reveal otherwise,” according to the CA.
In fact, the appellate court added, MG-BAC “conducted several inspections and were insistent in requiring FPT to conform to the agreed specifications such that upon FPT’s failure, it even recommended rescission of the contract.”
Records further showed that MG-BAC “even got the best deal for the government,” according to the CA.
“It was able to secure an approved contract which was lower than the initial budget allocation of P5 million,” it stressed.
‘PARTIAL VICTORY’
Salinas welcomed the CA decision. He said he looked forward to wearing his police uniform again.
“Partial victory ini. Kun i-percentage mo, 50 percent pa lang ini. We’re looking forward to receiving a reinstatement order from the (Department of the Interior and Local Government),” said Salinas yesterday.
The PNP is under the supervision of the DILG.
Salinas said he looked forward to receiving, too, his back wages.
“I really thank the Lord, Gov. Arthur Defensor Sr., Provincial Administrator Raul Banias and the people who showed support during those times nga gin-antos ko ining decision sang Ombudsman,” said Salinas.
Salinas and fellow petitioners Superintendent Nepomuceno Corpus Jr. and Superintendent Michel Amos Filart, according to the CA, “must be absolved of the administrative liability wrongfully imposed upon them.”
Salinas and colleagues ran to the CA right after having been dismissed by the Ombudsman in 2015. They complained of having been deprived of their right to due process.
The CA ruled: “…(T)he petition for review is granted. The June 2, 2015 Consolidated Resolution and the March 26, 2016 order of the Office of the Ombudsman finding petitioners…guilty of the offenses charged against them are hereby reversed and set aside.”
The CA also “recalled and lifted” “all accessory penalties attached to the wrongful dismissal” of Salinas and colleagues.
“They are accordingly ordered reinstated immediately to their former or equivalent positions in the NP without loss or diminution in their salaries and benefits,” read part of the CA decision penned by Associate Justice Socorro Inting and concurred by Associate Justices Apolinario Bruselas Jr. and Rafael Antonio Santos.
The CA also ordered that Salinas and colleagues be paid their salaries and other emoluments corresponding to the period they were out of the service by reason of the Ombudsman’s dismissal order.
The members of the PNP’s MG-BAC were accuse d of violating Republic Act (RA) 9184 (Government Procurement Reform Act) for dispensing the public bidding for the rubber boats.
According to the CA, however, as provided for under Section 48 of the Act itself, alternative ways to make purchases may be resorted to at exceptional times, one of which is negotiated procurement.
“…(T)he negotiated procurement of the coastal crafts is justified. A state of calamity, a requirement that necessitates resort to a negotiated procurement pursuant to Section 53 (b) of RA 9184, was existent. More so, the high probability of upcoming typhoons necessitated the procurement of the said crafts,” stressed the CA.
“The Ombudsman’s conclusion must be struck down,” stated the appellate court./PN
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