Grave misconduct, gross neglect findings vs ex-SRA administrator affirmed

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THE Office of the Ombudsman has affirmed its September 26, 2023 joint resolution that pronounced former Sugar Regulatory Administration chief Hermenegildo Serafica guilty of gross neglect of duty and grave misconduct and finding probable cause to indict him for violation of Section 65 (a)(2) of RA 9184 or the Government Procurement Reform Act.

Ombudsman Samuel Martires approved the recommendation of Graft Investigation and Prosecution Officer Kathleen Sheelah Uy Alcober to deny Serafica’s Partial Motion for Reconsideration in the absence of sufficient grounds to reverse the previous ruling.

Serafica challenged the basis for the finding of guilt against him on administrative charges and the criminal case in connection with an allegation of irregularities in the procurement of 25 tractors and harrows in 2017.

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The respondent was accused of unjustifiable delay in awarding the P5.7 million supply contract to Super Trade Enterprises, the firm that won the bidding.

Investigators noted that the Bids and Awards Committee had issued a resolution dated November 6, 2017 recommending the award of the contract followed by the Notice of Award on March 19, 2018.

However, documents showed the Notice of Proceed was only issued on September 3, 2020, which was received by the supplier on September 18, 2020.

The Ombudsman noted that under RA 1984, the head of the procuring entity or his duly authorized representative was given only 15 calendar days to act on the BAC recommendation upon determination of the lowest responsive bid.

In his appeal, Serafica did not contest the delay but offered several explanations as to why it took nearly three years for the transaction to push through.

He claimed that SRA’s early retirement plan in 2017 caused many personnel to avail of early retirement and he received marching orders from then-President Duterte to rid the SRA of corrupt personnel.

The Ombudsman, however, noted that Serafica’s assertion was unsupported by evidence and immaterial since all the necessary procedures had already been completed before the BAC resolution.

“Following the BAC recommendation to the HoPE (head of the procuring entity) of the award of contract, it is solely the obligation of the HoPE, in this case, Serafica, to approve or disapprove the recommendation within 15 calendar days, and, in the event of approval, to immediately issue the Notice of Award,” it pointed out.

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