CA quashes case vs. CatAg brass

The Court of Appeals has reversed a decision of the Ombudsman suspending an official of the Catanduanes Agricultural Support Programme for violation of pertinent laws in firing a CatAg finance officer.

In setting aside the March 4, 1999 resolution of the Ombudsman

imposing a one-year suspension on then CatAg national co-director Noni S. Ayo, the Court of Appeals ruled that in administrative proceedings, the essence of due process is simply the opportunity to explain one's side.

"Any defect or irregularity attendant to the proceedings leading to his termination is cured by a dismissed employee's filing of a motion for reconsideration from his termination and his subsequent appeal to the department secretary," the CA stressed.

The decision was penned by CA special 14th division chaired by Associate Justice Conchita Carpio-Morales and concurred by members Associate Justices Candido Rivera and Elvi John Asuncion. Ayo was initially represented by Atty. Arnel Sarmiento and later by Atty. Soliman M. Santos, Jr.

In August, 1998, Ayo and co-director Jean Luc Klein of the European Union were criminally and administratively charged by former CatAg finance and administrative services chief Samuel T. Isorena before the Ombudsman of grave misconduct, oppression, and conduct prejudicial to the best interests of the service.

A month earlier, the two CatAg co-directors had dismissed Isorena for loss of confidence for various reasons, including dishonesty. His motion for reconsideration denied by his superiors, Isorena took his case to the Secretary of Agriculture, who affirmed his termination in October 1998.

Prior to his termination, Isorena submitted a receipt for P12,000 from Silver Star Resources Company in liquidation of his cash advances for an official travel in Manila in June 1998. Upon Klein's instruction, CatAg auditor Lopez & Co. verified the receipt for lodging expenses and found that Silver Star was engaged not in the lodging business but in the "creative packaging" of consumer products.

Thus, Ayo and Klein issued a memorandum requiring Isorena to explain within 24 hours why he should not be meted disciplinary action for presenting the receipt. In his reply, Isorena claimed that he lodged for P2,000 a day at Silver Star because of its proximity to the seminar venue, not knowing that it was not in the lodging business.

Finding his explanation insufficient, the co-directors preventively suspended Isorena from July 1 to 8, 1998 pending investigation of the charge.

In a conference on July 12, the finance services chief denied any connection with Silver Star but a check his biodata filed with CatAg showed that he was the company's former accountant and financial consultant, even indicating therein that the firm is engaged in "packaging in sachets of consumer products."

In the course of the investigation, it came to light that the suspended Isorena instructed CatAg's cashier "to secretly photocopy/fax to him some documents," with some files under his accountability discovered missing.

A month later, CatAg booted out Isorena, who then filed the twin cases before the Ombudsman. In the administrative case, the Ombudsman found Ayo guilty of the administrative charges of oppression, violation of Civil Service Laws, Rules and Regulations, and RA 6713, and ordered her suspended for one year.