The projects appropriation as well as the provinces

Info icon This preview shows pages 334–337. Sign up to view the full content.

View Full Document Right Arrow Icon
the project’s appropriation as well as the Province’s contract with V.F. Construction. To be clear, the nineteen (19) projects mentioned in the CoA Memo were listed under “Annex B” thereof entitled “Schedule of Contracted Projects and Financial Assistance Out of Invalid Appropriations, CY 2004,” all of which had no allotments issued. First and foremost on the list is the construction of rhe mini-theater project. A similar CoA which was also ignored by the Ombudsman, contains he same audit results with regard to the lack of a valid allotment for the project. Thus, absent compliance with this basic requirement, the authorizations made by respondents in relation to the project were therefore prima facie tainted with illegality, amounting to either manifest partiality, evident bad faith, or at the very least, to gross inexcusable negligence. Indeed, it is reasonable to expect that respondents--- being the Province’s accountable officers at the time had knowledge of the procedure on allotments and appropriations. Knowledge of basic procedure is part and parcel of respondents’ shared fiscal
Image of page 334

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
POLITICAL LAW CASE DIGESTS 334 responsibility under Section 305 (l) of RA 7160. Hence, unless the Coa’s findings are substantially rebutted, the allotment’s absence should have roused respondents’ suspicions, as regards the project’s legality, and in consequence, prevented them from approving the disbursements thereof. This is especially true for Roman, who, as the Local Chief Executive of the province at that time, was primarily charged with the issuance of allotments. As such, he was in the position to know id the allotment requirement had in the first place, been complied with, given that ut was a pre-requisite before the project could have been contracted. In addition, the Court observes the same degree of negligence on the part of respondents in seemingky attesting to the project’s 100% completion when such was not the case. The erroneous certification rendered the disbursement made by the Province suspect as V.F. Construction had still to fulfil its contractual obligations to the Province and yet were able to receive full payment. Considering that the illegal diversion of public funds for the mini-theater project would undermine the execution of other projects legitimately supported by proper allotments, it is quite obvious that undue injury on the part of the Province and its residents would be caused. Likewise, considering that V.F. Construction had already received full payment for a project that had yet to be completed, it also appears that a private party was given unwarranted benefits by respondents in the discharge of their functions (third element). Thus, with the elements of the crime of Violation of Section 3 (e), RA 3019 herein ostensibly present, the Court hereby holds that the Ombudsman committed grave abuse of discretion when it dismissed said charge against respondents.
Image of page 335
POLITICAL LAW CASE DIGESTS 335 GOH v. BAYRON G.R. No. 212584, November 24, 2014 En Banc , Carpio, J.
Image of page 336

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 337
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern