Oct 16, 2020 @ 15:02
CA upholds dismissal of ex-NCMF chief over misuse of Honasan’s P30M pork
The Court of Appeals (CA) has upheld the dismissal of former National Commission on Muslim Filipinos (NCMF) Secretary Mehol Sadain in connection with the misuse of former Senator Gregorio Honasan II’s P29.1-million pork barrel funds in 2012.
In a recent 2-page resolution, the CA Former 14th Division denied Sadain’s motion for reconsideration of its February 5, 2020 decision, which in turn affirmed the Ombudsman’s August 9, 2016 ruling on his administrative case.
The Ombudsman had found Sadain guilty of grave misconduct and conduct prejudicial to the best interest of the service and perpetually disqualified him from public office.
The case arose from the lack of public bidding in the selection of Focus on Development Goals Foundation, Inc., as the partner non-government organization (NGO) for the projects funded by Honasan’s Priority Development Assistance Fund (PDAF) allocations.
Sadain argued that a committee review of the Focus’s eligibility for the project should have been considered the alternative to public bidding. He denied acting capriciously, whimsically or maliciously in the accreditation and award of the project, and argued that the government did not sustain any damage or loss.
He even alleged that Honasan himself, as “owner” of the PDAF allocations, chose Focus to implement his projects. He also invoked the CA decisions that absolved his subordinates of administrative liability.
The CA, however, pointed out that Sadain’s appeal “raises the same factual and legal issues as those already passed upon by this Court.”
The February decision held that Sadain disregarded the requirement for all government procurement to be done through competitive public bidding under the Government Procurement Reform Act, as well as a selection process under the Commission on Audit’s (COA) rules.
“We have discussed and resolved these issues in Our 5 February 2020 Decision and We see no compelling reason to re-discuss the same,” read the resolution penned by Associate Justice Germano Francisco Legaspi.