BAGUIO CITY – The City Council approved the recommendation of one of its division on barangay cases to suspend controversial Camp 7 punong barangay Constancio Danao for a maximum period of six months without pay after finding him guilty of serious or grave dishonesty and grave misconduct.
In a 19-page resolution, the local legislative body found Danao guilty of the offense of gave dishonesty and grave misconduct for manipulating the procurement of the needed warning devices and disaster risk reduction and management equipment by allowing the payment of the procured items even without the authority of the barangay Bids and Awards Committee (BAC).
In the said case, the council stipulated that the rationale for the rule is that if a government officer is employee is dishonest or guilty of oppression or grave misconduct, even if these are defects in the character are not connected with the office of the barangay official, they affect his right to continue in office; however the government cannot tolerate in its service a dishonest official, even if he performs his duties correctly and well, because by reason of his government position, he is given more and ample opportunity to commit acts of dishonesty against his fellowmen, even against offices and entities of the government other than the office where he is employed and by reason of his office, he enjoys and possesses a certain influence and power which renders the victims of his grave misconduct, oppression and dishonesty less disposed and prepared to resist and to counter act his evil acts and actuations.
The resolution found out that Danao decided to pursue the award of the procured items himself even with the decision of the BAC not to continue the bidding process because of obvious defects; in the process, he set aside certain requirements and short-circuited the regular period of procurement.
The resolution added the other important act of Danao included in the complaint was the issuance of the check in payment of the procured materials to a certain J&J in gross violation of existing rules and regulation since it was done on the same day that the abstract of bids and the BAC resolution were made to be signed.
The resolution doubted Danao’s action to immediately pay the supplier amidst the questionable documents casting suspicion on his actions that violated the prescribed rules and regulations for the bidding process.
It stated that it will also have to be declared that influencing or exerting pressure on any member of the BAC or any officer or employee of the procuring entity to take a particular action which favors or tend to favour a particular bidder may be penalized under the penal clause of the government Procurement Laws, thus, there is no doubt that there was dishonesty, misconduct and even neglect of duty on the part of Danao involved in the acts complained of.
Considering the classification of administrative offenses into grave, less grave and light or serious, less serious, light or simple, the resolution asserted Danao’s act of dishonesty will constitute serious dishonesty because of the presence of the circumstances in the commission of the dishonest act that were established.
By Dexter A. See