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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 89 -
IMPOSING THE PENALTY OF SUSPENSION FOR ONE (1) YEAR ON AMBROSIO F.
CONLU, ASSISTANT REGIONAL DIRECTOR, DEPARTMENT OF AGRICULTURE, REGIONAL
OFFICE NO. III
This refers to an anonymous complaint dated
April 12, 1994 addressed to then President Fidel V. Ramos, through the
Presidential Commission Against Graft and Corruption (PCAGC), against
Assistant Regional Director Ambrosio F. Conlu, and three (3) others for
their alleged involvement in the irregular and anomalous purchase by
the Department of Agriculture, Regional Office No. III, of a set of
books and tapes for staff development, in the amount of thirteen
thousand pesos (P13,000.00).
Initially, the PCAGC took cognizance of the complaint against all
respondents. Subsequently, however, the proceedings continued only
against Assistant Regional Director Ambrosio F. Conlu (the
"respondent"), a presidential appointee.
On October 31, 1997, the PCAGC issued a resolution finding respondent
guilty of conduct prejudicial to the best interest of the service, and
recommending the penalty of suspension for one (1) year on the strength
of the following premises:
"The complaint alleged, among other things that: (1) respondent
pressured Libertad A. Rivera, Agriculturist II of the Research
Division, into purchasing said books and tapes; (2) said books and
tapes were actually owned by respondent and did not belong to the
supplier named Proteus Trade Ventures; (3) while the requisitioning
officer was ISAGANI O. HERRERA, Sales-Invoice No. 1984 and Official
Receipt No. 4903 both dated 7 October 1993 were issued by the said
supplier in the name of respondent; (4) respondent claimed for a
reimbursement in the amount of thirteen thousand pesos (P13,000.00),
which amount was more that his (respondent's) salary; (5) Check No.
695461 dated 26 October 1993 in the amount of thirteen thousand pesos
(P13,000.00) was issued in the name of respondent as reimbursement for
the payment of said books and tapes; and (6) respondent defrauded the
government in the amount of thirteen thousand pesos (P13,000.00).
Respondent's comment dated 27 July 1994 alleged, that:
(1) As Assistant Regional Director for Administration, his
responsibility involved administrative and support services needed in
the day-to-day operation of the agency, including personnel matters and
upkeep/maintenance of the department facilities. The Procurement Unit
of the General Services Section which is tasked to procure supplies and
materials requisitioned by operating units/end-users is directly under
his office; (2) he denied exerting pressure on anybody as there was no
need for it nor was he capable of doing so; (3) he advanced the payment
of the books and tapes as Assistant Regional Director for
Administration using his own funds and subsequently requested for a
reimbursement through his subordinate personnel; and (4) as Assistant
Director, he received a gross compensation of more than thirteen
thousand pesos (P13,000.0.0) excluding allowances and fees derived from
consultation jobs undertaken after office hours.
xxx
Evidently, in his attempt to extricate himself from the charges, and to
explain his financial capacity as a consequence of his claim to have
advanced money for the procurement of the books and tapes for the use
of his Office, respondent was caught in a dilemma, admitting the
commission of an act — exercising his profession without the required
permission to do so — equally violative of the law.
xxx
. . [A] public office is a public trust, it must not be used as an
instrument of self-aggrandizement by the person holding it. The public
officer is a steward who must perform his powers and duties for the
benefit of the people and not for the enhancement of his own interests.
For this reason, and to insure against a contrary persuasion, the law
imposes upon him certain inhibitions in the discharge of his office.
It being shown that respondent had not secured prior authority to act
as a consultant to private individuals/enterprises, perforce, he must
be found guilty of unlawfully engaging in the practice of his
profession.
Going back to the main issue raised by the complainant, of whether or
not the payment made in advance by the respondent using his personal
funds for the purchase of a set of 'Successful Achievement Books and
Tapes' in the amount of P13,000.00 is permitted by the rules, the
commission finds the same to be highly irregular.
xxx
Respondent's acts of applying his personal funds for the purchase of a
set of books and tapes in disregard of established rules on the
procurement of government property and consequently obtaining a
reimbursement of such payment is irregular.
The term 'irregular expenditure' signifies an expenditure incurred
without adhering to established rules, regulations, procedural
guidelines, policies, principles or practices that have gained
recognition in law. Irregular expenditures are incurred without
conforming with prescribed usages and rules of discipline. There is no
observance of an established pattern, course, mode of action, behavior,
or conduct in the incurrence of an irregular expenditure. A transaction
conducted in a manner that deviated or departs from, or which does not
comply with standards set is deemed irregular. An anomalous transaction
which fails to follow or violate appropriate rules or procedures is
likewise irregular.
Being an Assistant Regional Director, it is respondent's duty to
observe the rules and regulations pertaining to the procurement of
government property. While it appeared that respondent was prompted by
his belief that the transaction would be useful to the Agency as a
whole, however, the end is not justified by the means employed.
There was no cogent reason for the respondent to depart from the
accepted rules and regulations in the procurement of supplies and
equipment for the government."
I concur with the findings of the PCAGC that respondent, by
disregarding established rules on the procurement of government
property, engaged in conduct grossly prejudicial to the best interest
of the service. Thus, I feel it is more than appropriate under the
circumstances to impose upon respondent the penalty of suspension for
one (1) year without pay.
WHEREFORE, and as recommended by the Presidential Commission Against
Graft and Corruption, Ambrosio F. Conlu, Assistant Regional Director,
DA Regional Office No. III, is hereby adjudged guilty of conduct
prejudicial to the best interest of the service, and is accordingly
suspended for a period of one (1) year without pay, effective upon
receipt hereof.
Done in the City of Manila,
this 1st day of October, in the year of Our Lord, Nineteen Hundred and
Ninety-Nine.
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