The Supreme Court has reversed a Court of Appeals ruling and suspended four officials of the Department of Public Works and Highways in Negros Occidental for three months without pay after finding them administratively liable for neglect of duty.

Of the four suspended DPWH officials, however, two have already retired.

Suspended were Sanny Boy Oropel, current head of the Negros Occidental first engineering district, and his assistant Jaime S.J. Javellana, and then first engineer district chief Rogelio Tongson and Jose Maravilla, for reporting that a P13.4 million road concreting project had been 100 percent completed when in fact it had not. "The act of certifying the project as 100 percent complete when the truth is it was not is unacceptable," the SC said.

"Let it be emphasized that when an officer or employee is disciplined, the object sought is not the punishment of such officer or employee but the improvement of the public service and the preservation of the public's faith and confidence in the government," the SC ruled.

Oropel said Tongson and Maravilla have already retired.

He said he was saddened by the decision of SC because, at the time the matter in question occurred, he was the assistant district engineer and was not responsible for the project in question.

"It is unfortunate that the SC did not give weight to my pleadings, he said. He added that he may file a motion for reconsideration but if it is denied, he is prepared to serve out the suspension.

PERFORMANCE AWARDS

He also pointed out that his engineering district has been a top performer in the region and has received numerous awards for its performance.

Oropel also said a post-audit examination of the project showed that the project by Commission on Audit had been 100 percent completed, with the deficiencies noted already corrected.

Tongson could not be reached for comment as of press time.

The case that led to the suspension ruling was the concreting of the Bacolod City-Murcia, DS Benedicto-San Carlos National Road, Murcia section from the Sum-ag bridge extending beyond the Caliban Bridge.

On May 15, 2000 Tongson, then DPWH District 1 head, issued a notice of award to Korona Construction for the price of P13,457,350, the SC said.

A contract was forged on the same date between the Republic of the Philippines, represented by Oropel, officer-in-charge of the first engineering district and Korona.

Javellana, then Engineer III of the engineering district and PBAC chairman, signed the contract, and Maravilla was assigned as project engineer, the SC said.

LIABLE, OMBUDSMAN SAID

In 2004 the Office of the Ombudsman held the four administratively liable for conduct prejudicial to the best interest of the service and ordered their suspension for six months without pay.

The Ombudsman said Maravilla and Javellana, on orders of Tongson and Oropel, inspected the work accomplishment and reported that the project had been completed, but it turned out that it was still 20 percent deficient.

JUST OVERSIGHT

On Dec. 20, 2004 the Court of Appeals reversed the decision of the Ombudsman saying the petitioners' error or oversight was committed without malice, ill motive or wrongful intention to defraud or deceive the government.

The Office of the Ombudsman filed a motion for reconsideration on Jan 13, 2005 , which the CA denied on July 18, 2005.

The SC in overturning the CA ruling, said it agrees with the Ombudsman's contention that the four engineers failed to state in their surveys, designs and program of work the station limits of the project.

If they had complied, they would have known that as of April 3, 2001 the project was not yet complete, the SC said.

Their failure to comply cannot be trivialized and classified as a mere oversight, the SC said.

NEGLECT OF DUTY

"At the very least it constitutes neglect of duty," the SC said.

Their certifying that the project as 100 percent compete when, in fact, the contractor still had unfinished work denigrates their integrity as public servants and mars the faith and confidence of the public in government, the SC said.

"It is well enshrined that public office is a public trust. Government officials and employers must, at all times, be accountable to the people and serve them with utmost responsibility, integrity, loyalty and efficiency," the SC ruled.

The SC also noted that the fact that the road had been reported completed when it was not, had been broadcasted extensively over RGMA Super Radyo.*CPG

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