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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 142 -
REPRIMANDING RESPONDENT ROGER P. PEREZ, EXECUTIVE DIRECTOR OF THE
COMMISSION ON HIGHER EDUCATION (CHED)
This is an administrative case against Dr.
Roger P. Perez, formerly Officer-in-Charge of the National Capital
Region (NCR) of the Commission on Higher Education (CHED) and currently
Executive Director of the said Commission, for (1) selling in 1999
thesis and dissertation books stored at the Commission on Higher
Education (CHED), NCR, to the La Salette College in Isabela; and (2)
serving as professor on weekends in the Graduate School of the
University of La Salette, Isabela City. The charges were investigated
by the Presidential Commission Against Graft and Corruption (PCAGC).
The action of the Commission on the complaint as well as its findings
and recommendation thereon embodied in its Resolution dated March 14,
2000, are hereunder quoted, to wit:
"The
charge against respondent Roger P. Perez, who was then the
Officer-in-Charge of CHED-NCR, and presently the Executive Director of
the Commission on Higher Education, consist of two (2) specifications:
(1) that as the then OIC of CHED-NCR, respondent sold or caused the
sale to the University of La Salette of Santiago City of the thesis and
dissertation books submitted by private schools to the CHED-NCR, in
order to raise funds with which to procure computer units and a
television set for use of the office; and (2) that respondent served as
a professor on weekends in the Graduate School of the said University.
"For his defense as contained in
his verified Answer dated September 22, 1999 and in his Position Paper
dated October 26, 1999 (Records, pp. 45-57), in relation to the first
specification above, respondent Perez denies having sold to the
University of La Salette the thesis and dissertation books on file in
the storeroom of CHED-NCR, although he admits having allowed the said
University to take possession of the said materials for free or without
any monetary consideration whatsoever.
"Further, respondent avers that
the computer units adverted to in the complaint have been actually
donated to the CHED-NCR by the University of La Salette while the
television set was purchased from available office funds; that he acted
well within his authority as the then head of CHED-NCR, since the
subject thesis and dissertation books are not considered "records"
within the purview of Department Order No. 13-A dated February 3, 1988,
so that the disposition of said materials was at his discretion as the
then agency head concerned; that even before he took over as OIC of
CHED-NCR, the previous head of said office had allowed other
institutions of higher learning to secure copies of the thesis and
dissertation books from its storeroom; that he did not act maliciously
nor negligently when he allowed the University of La Salette to take
possession of the questioned materials since before he took action, he
sought the advice of the Records Officer of CHED-NCR and was informed
that there were no formalities in the disposal of said records inasmuch
as they are not technically government property; and that he has not in
any way benefited personally from the fact that he allowed the
University of La Salette to take the questioned books for use in its
library.
"Respondent attached to his
Answer a copy each of the Memorandum of Agreement dated January 19,
1999 and Deed of Donation dated January 23, 1999, both of which he
signed with Rev. Romeo B. Gonzales, MS, of the University of La Salette
(Records, pp. 36-40).
"Anent the second specification
of having served as 'professor on weekends,' respondent denies having
been a regular professor at the University of La Salette, although he
admits having conducted lectures on specific topics every now and then
in the Graduate School of said University for which he received a token
honorarium in the amount of P500.00 for every lecture that he
conducted. Corollarily, respondent points out that even admitting for
the sake of argument that he was a part-time professor at the
University of La Salette, he was at the time armed with an authority to
teach signed by then CHED Chairman Angel C. Alcala (Records, p. 63).
"The issue to be resolved in the
instant case are as follows:
"1.
(a)
(b)
(c)
2.
Whether or not respondent Perez'
teaching activities at the University of La Salette is violative of any
existing law or rule?
"After
a careful evaluation of the records, this Commission finds that on the
basis of the Memorandum of Agreement dated January 19, 1999, which
respondent Perez entered into for the Commission on Higher
Education-NCR with Rev. Romeo B. Gonzales of the University of La
Salette, 1971 copies of thesis and dissertation books have been
transferred from CHED-NCR to the said University (Records, p. 85).
"In this connection, this
Commission believes that in relation to issue 1(a) above the contention
of respondent that the subject thesis and dissertation books do not
constitute 'records' within the purview of DECS Department Order No.
13-A dated February 3, 1988, does not hold water. Said Department Order
under its Definition of Terms (Article II) provides:
'Records. Any paper, book,
photograph, motion picture, film, microfilm, X-ray films, sound
recording, drawing map or other document of any physical form or
character whatever or any copy thereof, that has been made by any
entity or received by it in connection with the transaction of public
business, and has been retained by that entity or its successor, as
evidence of the objectives, organizations, functions, policies,
decisions, procedures, operations or other objectives of the government
or because of the information contained therein' (Emphasis
supplied).
"Thus,
contrary to the claim of respondent, it is clear and definitive on the
basis of the aforequoted provision that the subject thesis and
dissertation books are 'records' under the contemplation of Department
Order No. 13-A of the DECS, since it cannot be denied that the said
books have been submitted to and received of CHED-NCR as part of the
supporting papers for applications of private institution of higher
learning for the issuance of special orders for graduation of students
from their respective programs at the graduate level, and that the list
of specific documents under the General Records Disposition Schedule of
said Department order is certainly not exclusive nor all-embracing.
"Likewise the submission of
respondent to the effect that in allowing the University of La Salette
to take possession of the subject thesis and dissertation books, he
acted well within his authority as the then OIC of CHED-NCR, which had
custody of the said books, and did not commit any breach of any
existing laws, rules or regulations on account of said disposition of
the subject thesis and dissertation books, yet it cannot be denied that
his authority on the matter, if any, is not plenary, in the sense that
his action or decision on the disposition of unnecessary or useless
records of the agency is subject to the approval of his department
head, as may be gleaned from Sec. 49, Chapter 12, Book I of
Executive Order No. 292, and the disposal of unnecessary or useless
records of an agency is subject to the audit jurisdiction of the
Commission on Audit (COA), compliance with requirements on records
disposition as prescribed by the Records Management and Archives Office
(RMAO), and submission of a report on such disposal to the said Office,
as provided in Section s 10 and 11 of Executive Order No. 301 (1987) as
implemented through Department Order No. 12-A dated February 3, 1988 of
the Department of Education, Culture and Sports (DECS). Needless to
say, respondent Perez failed to comply with all of the said
requirements under the relevant laws and rules.
"Neither is it valid as a
defense for respondent Perez to cite the previous similar actions of
his predecessor in office at CHED-NCR, who has already retired from the
government service, in having likewise allowed in the past other
schools to secure copies of the subject thesis and dissertation books
from the storeroom of CHED-NCR, for the simple reason that such actions
were clearly unauthorized and violative of existing law or rules.
"Fortunately for respondent, in
the present case it is evident that in deciding on the disposition of
the subject thesis and dissertation books he was guided by good faith
and imbued only with good motives as borne out by the fact that his
action on the matter had been reduced unto writing, which he could have
done surreptitiously had he been motivated and/or disposed otherwise;
and that in the ultimate analysis, it is quite obvious that the
transaction with respondent Perez had with the University of La Salette
on the subject thesis and dissertation books, did not result in any
disadvantage or injury to the Government.
"For
this violation, therefore, respondent Perez should be held accountable
and liable only for the light offense of NEGLECT OF DUTY.
"Regarding issue 1(b) above, the
respondent submitted as part of his evidence a copy of the Invoice
Receipt for Property dated February 15, 1999, signed by him, for the
computer hardwares donated to CHED-NCR by the University of La Salette
(Records, p. 64). Since the evidence submitted was not considered as a
sufficient proof to show that the donated items were then properly
booked-up as government properties, the CHED Resident Auditor Ms.
Luzviminda V. Rubico, State Auditor IV, was requested to verify the
relevant records in CHED-NCR and she submitted the following
report:
'. . . the undersigned verified
the 'Certified True Xerox Copy' of the invoice Receipt for Property
from the original. I also accounted the donations and verified the
corresponding Memorandum Receipts. Order donated units were not issued
yet, hence no MR but were found to be stored in the Office of the
Director. Also found were two units overhead projector, per Deed of
Donation four pointers were listed but three was (sic) actually
counted. As alleged, the other printer was exchanged for four scanners.
'The donations were booked-up
per JV No. 0523641 dated October 22, 1999 in the amount of P511,402.72.
The printers and projectors were booked up without cost' (Records, pp.
66-76).
"On
the basis of the aforequoted report of the CHED Resident Auditor, it is
clear that although belatedly, the donated computer items from the
University of La Salette had been properly booked-up as government
properties as of October 22, 1999.
"Accordingly, it is the sense of
this Commission that respondent Perez' accountability on this issue is
considered moot and academic.
"Anent issue 1(c) above, it is
believed that the respondent's explanation to the effect that it could
not have been possible for any student to have been prejudiced as a
consequence of the questioned disposal of the subject thesis and
dissertation books, for the reason that the said records 'were merely
stored inside the storeroom' of the CHED-NCR, and the same records
could not be systematically filed nor properly maintained since the
CHED-NCR does not maintain a library in which the materials could have
been housed and neither does the said Office employ a librarian, should
be considered as satisfactory. At any rate, considering that the
present complaint is anonymous, there was simply no feasible way of
determining the graduate students who may have been prejudiced by the
respondent's action.
"Finally, the Commission found
no contradictory evidence to belie the denial interposed by respondent
that he has been a regular professor at the University of La Salette;
nor on his admission that he only occasionally conducted lectures on
specific topics in the Graduate School of the said University, for
which, he was paid a token honorarium of P500.00 for every lecture that
he conducted, which was confirmed or corroborated by the President of
the University of La Salette. Additionally, respondent points out that
even assuming for the sake of argument that he was a part-time
professor in the said University, he was, however, provided at the time
with an authority to teach signed by then CHED Chairman Angel C. Alcala.
"This
Commission believes that on this specification respondent Perez has not
violated any law or rule, since his involvement of conducting lectures
on specific topics every now and then in the Graduate School of the
University of La Salette for which he was correspondingly compensated
in the form of a token honorarium, does not constitute employment; and
that, moreover, since the University of La Salette is situated outside
the territorial jurisdiction of CHED-NCR, it is axiomatic that
respondent Perez as the then OIC of CHED-NCR did not have any direct
supervisory or regulatory ascendancy or authority over the said
University.
"This specification should,
therefore, be likewise set aside.
"WHEREFORE, premises considered,
it is hereby recommended to His Excellency, President Joseph Ejercito
Estrada, that respondent Roger P. Perez, formerly Officer-in-Charge of
the National Capital Region of the Commission on Higher Education, be
REPRIMANDED for the unauthorized disposal of the subject thesis and
dissertation books at the CHED-NCR, in violation of Sec. 49, Chapter
12, Book 1 of Executive Order No. 292 and Section s 10 and 11 of
Executive Order No. 301 (1987), as implemented by Department Order No.
13-A dated February 3, 1988 of the Department of Education, Culture and
Sports. It is further recommended that the charge against the
respondent for serving as professor on weekends in the Graduate School
of the University of La Salette be dismissed for lack of merit.
"SO RESOLVED".
After a careful review of the case, I concur in the findings and recommendations of the PCAGC.
WHEREFORE, and as recommended by the Presidential Commission Against Graft and Corruption, respondent Roger P. Perez, formerly OIC of CHED-NCR and currently Executive Director of the Commission on Higher Education (CHED), is hereby REPRIMANDED for violation of Sec. 49, Chapter 12, Book I of Executive Order No. 292 and Section s 10 and 11 of Executive Order No. 301 (1987), as implemented by Department Order No. 13-A dated February 3, 1988 of the Department of Education, Culture and Sports.
Done in the City of Manila, Philippines, this 20th day of October, in the year of Our Lord, Two Thousand.
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