The Court of Appeals has sustained the resolution of the Office of the Ombudsman ordering the dismissal from the service of a Philippine Coast Guard official for his alleged involvement in the anomalous use of cash advances in 2014 amounting to P67.5 million.
In a decision, CA’s Fifth Division, through Associate Justice Myra Garcia Fernandez, denied the petition for review filed by Mark Franklin Lim II, special service officer of the PCG, seeking the reversal of the decision issued by Deputy Ombudsman for the Military and Other Law Enforcement Offices dated July 19, 2017 which found him guilty of serious dishonesty, grave misconduct and conduct prejudicial to the best interest of the service and ordered his removal from government service.
The appellate court held that there was no reversible error on the part of the OMB-MOLEO in holding that petitioner and the other PCG officers failed to comply with the foregoing requirements under RA 9184 or the Government Procurement Reform Act.
“Petitioner failed to prove that the items purchased were absolutely indispensable and urgent to dispense with the requirement of competitive bidding; and that the PCG paid the lowest or most advantageous purchase price,” the CA ruled.
The appellate court said that the OMB-MOLEO correctly noted that the purchased items were not urgent in character but were actually regular and foreseeable office supplies and IT equipment.