The Supreme Court’s decision in Office of the Ombudsman v. Blor emphasizes the importance of accountability and transparency in government procurement processes. The court ruled against officials who circumvented procurement laws to purchase iPad units, highlighting that public office is a public trust. This case serves as a reminder that public servants must adhere to established rules and regulations, and that any deviation could have serious consequences. The ruling reinforces the principle that public funds must be spent judiciously and in accordance with legal requirements.

iPads and Impropriety: Did Public Officials Follow the Rules?

This case revolves around the procurement of six iPad units for the Department of Agrarian Reform Provincial Office (DARPO) in Occidental Mindoro. The central question is whether government officials violated Republic Act No. (RA) 9184, the Government Procurement Reform Act, in purchasing these devices. The Office of the Ombudsman found that the procurement process was flawed, leading to administrative charges against several officials. These officials, who held key positions within the DARPO, were accused of grave misconduct for failing to comply with the proper procedures for government procurement.

The controversy began when the Management Committee of DARPO-Occidental Mindoro decided to purchase six iPad units for the use of the Provincial Agrarian Reform Officer (PARO) and Chief Agrarian Reform Officers (CAROs). A Requisition and Issue Slip (RIS) was signed, specifying “IPAD” as the item needed. However, the Request for Quotation (RFQ) posted on the Philippine Government Electronic Procurement System (PhilGEPS) described the item as a “Tablet Computer” with detailed specifications, without explicitly mentioning “iPad.” This discrepancy raised concerns about whether the procurement process was designed to favor a specific brand.

The procurement process also bypassed the Annual Procurement Plan (APP) of DARPO-Occidental Mindoro. The requisition for the six tablet computers was not included in the original 2013 APP, but was later added through an updated version. This raised questions about the legitimacy and transparency of the procurement. Section 12 of RA 9184 outlines the functions of the Bids and Awards Committee (BAC), which includes ensuring that the procuring entity abides by the standards set forth by the procurement law.

SECTION 12. Functions of the BAC. – The BAC shall have the following functions: advertise and/or post the invitation to bid, conduct pre-procurement and pre-bid conferences, determine the eligibility of prospective bidders, receive bids, conduct the evaluation of bids, undertake post-qualification proceedings, recommend award of contracts to the Head of the Procuring Entity or his duly authorized representative…

The Court of Appeals (CA) affirmed the finding of the Office of the Deputy Ombudsman for Luzon that the procurement violated RA 9184. The CA emphasized that an Apple iPad could not be considered an ordinary or regular office supply. The court also noted that the acquisition of Apple iPads contravened the “no brand name rule” in procurement.

Evaluating now the DARPO’s shopping for iPads in light of the above mentioned standards, We are persuaded that the law on procurement was not observed in the acquisition of these devices…Principally, by no means can an Apple iPad be considered an ordinary or regular office supply.

The Supreme Court agreed with the Court of Appeals and emphasized the liability of the BAC members. The Court explained that their length of service could not mitigate their liability. When the procurement of iPad units was discussed, none of the BAC members objected or raised concerns about the need for public bidding. Furthermore, the BAC members were the end-users of the requisition, suggesting a conflict of interest. Their actions indicated a clear intent to violate the law, making their length of service an aggravating rather than mitigating factor.

The Court also found that respondents Blor and Soliven facilitated the illegal procurement. Blor, as the head of the procuring entity, approved the RIS and Disbursement Voucher (DV). Soliven certified the availability of funds despite the lack of a BAC Resolution and notice of posting in PhilGEPS. Their combined actions revealed a coordinated effort to circumvent the proper procedure on government procurement.

The Supreme Court emphasized that public office is a public trust. The object of disciplining a civil servant is not to punish the individual, but to improve public service and maintain the public’s faith in the government. Grave misconduct, such as the violation of procurement laws, cannot be tolerated in the civil service.

In conclusion, the Supreme Court reversed the Court of Appeals’ decision and reinstated the ruling of the Office of the Deputy Ombudsman for Luzon, finding all the respondents guilty of grave misconduct. This decision underscores the importance of adhering to procurement laws and maintaining transparency and accountability in government transactions.

FAQs

What was the central issue in this case?	The central issue was whether the procurement of six iPad units by the Department of Agrarian Reform Provincial Office (DARPO) violated Republic Act No. 9184, the Government Procurement Reform Act. The case examined whether the officials involved followed proper procedures for government procurement.
Who were the key respondents in this case?	The key respondents included Amado M. Blor, Jesus R. Barrera, Angelina O. Quijano, Potenciano G. Vicedo, Miraflor B. Soliven, and Annie F. Constantino. These individuals held various positions within the DARPO, including members of the Bids and Awards Committee (BAC) and other key roles in the procurement process.
What is the “no brand name rule” in government procurement?	The “no brand name rule” prohibits government agencies from specifying a particular brand when procuring goods, unless there is a clear and justifiable reason. This rule promotes fair competition and ensures that the government obtains the best value for its money.
What is the role of the Bids and Awards Committee (BAC) in government procurement?	The Bids and Awards Committee (BAC) is responsible for ensuring that the procuring entity follows the standards set forth by the procurement law. This includes advertising and posting invitations to bid, conducting pre-procurement and pre-bid conferences, evaluating bids, and recommending the award of contracts.
What is grave misconduct, and what are its consequences?	Grave misconduct is a serious offense involving the transgression of established rules, particularly unlawful behavior or gross negligence by a public officer. The consequences of grave misconduct can include dismissal from service, cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from holding public office.
Why did the Supreme Court reject the argument of length of service as a mitigating factor?	The Supreme Court rejected the argument of length of service because the respondents’ extensive experience should have made them more knowledgeable about procurement laws. Their failure to follow basic rules, coupled with their intent to violate the law, made their length of service an aggravating factor rather than a mitigating one.
What does it mean for a public office to be considered a public trust?	The concept of public office as a public trust means that public officials are expected to act in the best interests of the public and to uphold the law. This principle emphasizes the responsibility and accountability of public servants in managing public resources and performing their duties.
What was the final decision of the Supreme Court in this case?	The Supreme Court granted the petition for review filed by the Office of the Ombudsman, reversing the Court of Appeals’ decision. The Court reinstated the decision of the Office of the Deputy Ombudsman for Luzon, finding all the respondents guilty of grave misconduct.

This case serves as a strong reminder that public officials must adhere to procurement laws and regulations. The Supreme Court’s decision underscores the importance of transparency, accountability, and ethical conduct in government service. The ruling reinforces the principle that public office is a public trust, and that any violation of this trust will be met with serious consequences.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: OFFICE OF THE OMBUDSMAN, VS. AMADO M. BLOR, ET AL., G.R. No. 227405, September 05, 2018