The Court of Appeals (CA) has rejected the appeal filed by a former Procurement Service-Department of Budget and Management (PS-DBM) official who was dismissed from the service by the Ombudsman over irregularities in government supply contracts during the Covid-19 pandemic.
In its 36-page decision dated April 8, the appellate court’s Third Division denied the petition filed by Warren Rex Liong and affirmed the Ombudsman’s Jan. 20, 2025 ruling ordering his dismissal from government service after the Ombudsman found them guilty of grave misconduct and serious dishonesty.
“(T)he petition is denied. The assailed decision and order are affirmed. Consequently, the dismissal from government service of petitioner Warren Rex Liong is maintained together with all the accessory penalties that have been imposed by the Ombudsman,” the CA said.
The Ombudsman ruling carried the accessory penalty of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification to hold public office, and a bar from taking civil service examinations.
The CA rejected Liong’s argument that he was not a public officer while he was at the PS-DBM.
“Liong’s arguments are bereft of merit. The Court addresses the contention that Liong, not being then a public officer, could not be subjected to the disciplinary authority of the Ombudsman,” the CA said.
“As correctly observed, however, by the Ombudsman, Liong performed tasks which were part of the regular functions of PS-DBM. He played a role so vital that his approval was necessary to the procurement process as he reviewed various documents submitted by the suppliers,” it added.
The court said Congress did not intend Bayanihan I to be an all-encompassing and absolute exception to the provisions of Republic Act No. 9184 (Government. Procurement Reform Act) and other related laws.
“No such absolutely exempting law could and should even be enacted as it runs counter to the basic tenets of democracy and accountability of public officers,” the CA said.
The Ombudsman’s investigation stemmed from the partial committee report that was prepared by the Senate Committee on Accountability of Public Officers and Investigations (Blue Ribbon Committee), which conducted an inquiry, in aid of legislation, on the annual reports prepared by the Commission on Audit for the Department of Health and the PS-DBM on contracts for the acquisition of Covid-19 response supply material including surgical face masks and personal protective equipment.
Liong, in particular, was accused of approving the updated price analysis despite the questionable entries and inviting supplier Pharmally to participate in the procurement process for a PHP54- million project despite the corporation having low capitalization and no historical know-how in effecting such a largescale delivery.
He was also accused of approving the minutes and summary of negotiations to make it appear that valid negotiations occurred between PS-DBM and Pharmally; reviewing the price monitor or market survey from other suppliers despite knowing that the contracts had already been awarded to Pharmally; and reviewing the price monitor or market survey which were not based on an actual market scanning that was supposed to be conducted to ensure that the recommended cost was not overpriced.
Liong also recommended the approval of the technical evaluation report despite Pharmally’s failure to submit additional requirements and the approval of post-qualification reports despite the supplier’s failure to comply with the requirements for eligibility. (PNA)