Ombudsman dismisses, indicts 2 UP Manila execs

By , on December 4, 2014

UP Manila (Wikipedia)
UP Manila (Wikipedia)

MANILA — The Office of the Ombudsman has ordered the dismissal from the service and indictment of the chancellor and vice chancellor of the University of the Philippines Manila (UP Manila) for terminating the service contract of a security agency in 2013.

In two separate rulings made public on Wednesday, Ombudsman Conchita Carpio Morales found probable cause to indict Manuel Agulto, Chancellor, and Joselito Jamir, Vice Chancellor, both of UP Manila, for violation of Section 3 (e) of Republic Act No. 3019, or the “Anti-Graft and Corrupt Practices Act.”

Records show that on June 28, 2013, Jamir informed Jayme Ang, president of 168 Security and Allied Services Inc. (SASI), that the UP Manila Management Team had resolved to terminate the service contract with SASI effective July 15, 2013 for loss of trust and confidence.

Jamir further requested for a turnover on July 1, 2013 to Carmelo Ayson of Commander Security Services Inc. (CSSI) as its new security service provider.

The complainant claimed that Agulto had earlier engaged the services of CSSI to replace it even without the prior conduct of a public bidding.

Morales said “the varying reasons that respondents cited for extending the contract (first letter on 21 February 2013) without prior compliance with the requirements for contract extension under RA 9184 (Negotiated Procurement) and subsequently terminating the contract (second and third letters of 28 June 2013 and 31 July 2013, respectively) made their real intentions doubtful.”

The Ombudsman ruling said that “respondents (Agulto and Jamir) failed to observe the provisions of the contract on the procedure for bringing to complainant’s attention the reported thefts and breach of the security fence of UP, which were alleged to have been the precursor of the loss of confidence of UP Manila on complainant and the UP Manila Management Team’s decision on 28 June 2013 to terminate the extended service contract effective 15 July 2013.”

“Due to such failure to resort to the procedure outlined in the Contract, the University’s recourse against the agency’s Cash Bond of Php2,000,000.00 was not exercised,” the ruling said.

“It is not disputed that CSSI provided security services to UP Manila without going through a bidding process on a contract in the amount of Php46,710,555.48,” it said.

“Even the alleged takeover of the contract was not shown to have observed the provisions of the Section 53 of RA 9184,” it added.

As to the administrative complaint, the Ombudsman found that Agulto and Jamir’s acts “as established by the facts and evidence on record constitute a flagrant disregard of well-known law and legal rules on procurement, which are spelled out in RA 9184 and its IRR [implementing rules and regulations.]”

Morales found Agulto and Jamir guilty of grave misconduct, meting them “the penalty of dismissal from the service, which shall carry with it cancellation of eligibility, forfeiture of retirement benefits except for accrued leave credits, and perpetual disqualification for re-employment in the government service.”

“In the event the penalty can no longer be enforced due to retirement or severance for any reason from the service, the same shall be converted into a fine in the amount equivalent to respondent’s salary for one year, payable to the Office of the Ombudsman,” Morales.