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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 391 -
IMPOSING THE PENALTY OF REPRIMAND ON CERINA C. BOLOS, SCHOOLS DIVISION
SUPERINTENDENT (DECS) OF BOHOL
In a letter-complaint directly filed with
the Presidential Commission Against Graft and Corruption (PCAGC),
complainant Rodulfo Abelera charged Cerina C. Bolos, formerly
Officer-In-Charge, DECS Bohol, and now School Division Superintendent,
DECS Bohol, with the following: (a) using government facilities; (b)
appointing and promoting various relatives and bypassing other ranking
government employees; (c) causing the purchase of school desks; and (d)
approving payment of the same desks and armchairs in the amount of P1.6
million without evidence of satisfactory inspection.
Respondent in her counter-affidavit, dated October 1, 1996, vehemently
denied the charges against her stating among other things, that (a) the
complainant is a fictitious person; (b) the complainant had no factual
basis; (c) on the charge of "Nepotism", the persons mentioned in the
complaint were her distant relatives by affinity or consanguinity but
none of them fall within the prohibited degree of relationships, and
there was no abuse of authority or discretion in their appointments
because they were all in accordance with law, rules and regulations of
the DECS; (d) on the purchase of books from ABIVA Publishing House
(Noli Me Tangere and El Filibusterismo), the same were made pursuant to
DECS Order No. 6, s. of 1995. There were no other offers because ABIVA
Publishing House was the exclusive publisher; (e) on the charge of
causing the payment of school desks and armchairs without supporting
documents, she denied the charge because it was a standard procedure in
the processing of expense vouchers that the COA State Auditor
pre-audited the same, checking the quantity and quality of the
materials and supplies delivered; and the DECS Internal Control Unit
has carefully processed the said vouchers. Respondent approved the
vouchers of payment only with the initials of the State Auditor and
responsible officer of the Internal Control Unit; and (f) on the charge
that respondent directed and award contracts to a favored contractor,
respondent specifically denied the same, stating among other things,
that the notices of suspension of payment for vouchers nos.
V-95-121850-2-C Filipinas, V-95-121941-Foremost Industries, and
V-95-121849-Foremost Industries, were ordered lifted by the State
Auditor per Certification dated October 1, 1996 (pp. 95-106, Records).
On September 11, 1997, the PCAGC ordered the respondent to explain the
following findings as contained in the 1996 Annual Audit Report (AAR):
(a) in addition to the "Noli Me Tangere and El Filibusterismo", other
books were purchased as supplementary materials in excess of the
approved ratio on supplementary materials in violation of DECS Order
No. 61, s. of 1995; (b) discount on the 1996 purchase of textbooks and
instructional materials of 5-10% was not availed of; (c) withholding
tax was not deducted from the claims of fourteen (14) suppliers; (d)
that disbursement vouchers for the payment of the desks and armchairs
were approved and paid despite the absence of evidence that the items
were inspected; (e) that the two (2) contracts for the purchase of the
armchairs did not provide for the inspection of liquidated damages for
late delivery.
In respondent's "Explanation" dated October 29, 1997, all the five (5)
findings contained in the 1995 Annual Audit Report (AAR) were
controverted to the satisfaction of the PCAGC.
As regards the use of government facilities, personnel and equipment
for the reunion of her husband's family, respondent admitted the same
and justified it by contending (a) that the affair was only for one (1)
day; (b) that since the day was a Saturday, classes were not disrupted;
(c) that permission of the head of the school was sought and granted;
(d) that no school property was damaged; and (e) that the building and
school premises were cleaned after the affair.
Hence, of the explanation given, the PCAGC found respondent to have
violated Sec. 3 (e) of Republic Act No. 3019, as amended, otherwise
known as the Anti-Graft and Corrupt Practices Act.
We do not agree with the findings of the PCAGC. It should be noted that
one of the essential elements of the offense of corrupt practices
committed by public officers is that they cause undue injury to any
party (Mediga, Jr. vs. Sandiganbayan, 218 SCRA 219). A perusal of the
records would show that this element of injury to the government or to
any party, for that matter, resulting from respondent's acts, is
manifestly absent. It has been sufficiently shown that there was no
disruption of classes as a result of respondent's use of the school
grounds. Nor was there any proof of damage to school property caused by
said acts of respondent.
At best, therefore, respondent may be found guilty of impropriety in
the use of government property. However, such impropriety is not enough
to make her liable for a violation of the Anti-Graft law.
WHEREFORE, in view of the foregoing, Cerina C. Bolos, Schools Division
Superintendent, DECS of the Province of Bohol is hereby reprimanded
with a warning that a repetition of the same improper conduct will be
dealt with more severely.
Done in the City of Manila,
this 22nd of April, in the year of Our Lord, nineteen hundred and
ninety eight.
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