THE Supreme Court released on Tuesday two separate decisions ordering the reinstatement of former Philippine Coast Guard (PCG) Commander John Esplana to his post after finding him not administratively liable for the irregular release of P689.6 million worth of cash advances in 2014.
In another decision, the SC also reversed and set aside the resolution issued by the Sandiganbayan, which found two high-ranking officials of the Philippine Navy (PN) guilty of graft for their involvement in the illegal procurement of P1.8 million worth of medicines from 1991 to 1992 without conducting any public bidding.
Esplana filed a petition for review before the SC assailing the Court of Appeals’ (CA) decision issued on September 11, 2018, which affirmed the consolidated decision issued by the Office of the Ombudsman on July 19, 2017 that found him, along with 24 other PCG officials, guilty of serious dishonesty, grave misconduct, and conduct prejudicial to the interest of the service.
The CA also affirmed the Ombudsman’s order dismissing Esplana and his co-accused from the service who were involved in the processing, authorizing and disbursing special cash advances (SCDs) to the concerned special disbursing officers (SDOs) despite irregularities in documentary support, fund utilization, and liquidation.
In his petition for review, Esplana explained that his duties primarily involved matters related to internal control and largely advisory in nature. His mandate, according to the petitioner, does not include the audit of the office’s various transactions.
Esplana contended that was not vested with the authority to approve, authorize or recommend disbursements, including cash advances.
He further explained that he signed the disbursement vouchers (DVs) only after ensuring the propriety of supporting documents.
Since he was not in a position to determine the necessity of cash advances, Esplana limited his checking to the authorities and limitations in the amount of cash advances.
Also, Esplana issued procedures and reminders to ensure the protection of PCG assets and resources, like the submission of specimen signatures of the authorized signatories to prevent the occurrence of forgeries in the preparation of purchase orders; and instruction for the accountable officers to liquidate their cash advances.
Esplana averred that he had no custody of the funds or property, and his functions do not include the determination of which purchases should go through competitive bidding.
In reversing the CA’s decision, the SC ruled that “there is no reasonable ground to believe that Esplana is responsible for the irregularities complained of.”
“In this case, there is a dearth of evidence to prove that Esplana unlawfully and wrongfully used his position to procure some benefit for himself or for another person. There is no clear and convincing evidence that Esplana affixed his signature in the DVs which paved the way for the release of the SCAs to the SDOs for personal or selfish ends,” the SC said.
“It was not proven either that there was a willful intent to violate the law or to disregard established rules. As fully explained above, Esplana acted assiduously, making sure that the documents were complete prior to signing the DVs,” it added.
The SC also noted the Sandiganbayan’s previous resolution dismissing the criminal information for violation of the Anti-Graft and Corrupt Practice law against Esplana and his co-accused PCG officials.
It stressed that the dismissal of the criminal information further strengthens the conclusion that Esplana cannot be held administratively liable for grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service for lack of substantial evidence.
The Court further noted that Esplana served the country for 22 years with various awards and commendations.
It added that records would show that he has never been administratively charged with any act of irregularity or impropriety. “Accordingly, the administrative complaint against petitioner Cdr. John B. Esplana is dismissed. Petitioner is hereby reinstated to his former government position without loss of seniority rights, with full payment of back salaries and other accrued benefits from the date of his dismissal up to his actual reinstatement,” the SC declared.
Meanwhile, the Court reversed and set aside the decision of the Sandiganbayan issued on January 12, 2017, which found PN Commodore Francisco Tolin and Commander Manuel Tuason guilty of graft for illegal purchase of medicines worth P1.83 million from 1991 to 1992.
The SC said Tolin and Tuason, who were sentenced to imprisonment of six to 10 years, should be acquitted for failure of the prosecution to prove their guilt beyond reasonable doubt.
The Court said the petitioners acted in good faith in the purchase of the medicines from PMS Commercial since they believed that these were urgently needed as requested by the medical unit and confirmed by the procurement officer.
Furthermore, the SC noted the petitioners ensured that all necessary documentations were attached and all the signatories had approved the request.
It added that there was also no proof of overpricing in the purchase of the medicines.
“The foregoing instances cast doubt on the culpability of petitioners for the crime charged,” the SC explained.
“As already explained, the prosecution did not establish any deceitful intent and motivation behind the procurement of the subject medicines from PMS Commercial. There was insufficient evidence showing that petitioners were animated by fraudulent and devious motives,” it added.