SC affirms dismissal of PEA execs over Macapagal Blvd 'overpricing'

The Supreme Court has upheld the dismissal of three Public Estates Authority (PEA) officials who were charged with plunder in connection with the alleged P600-million overpricing in the President Diosdado Macapagal Boulevard construction project. In a 15-page decision promulgated on Tuesday, the SC's Second Division dismissed the appeals of former PEA officials Theron Lacson (deputy manager for finance legal and administration), Jaime Millan (assistant general manager) and Bernardo Viray (department general manager). The three asked the SC to reverse the Court of Appeals' September 2004 ruling that approved the Office of the President's dismissal order against them. Former President Gloria Macapagal-Arroyo acted on the recommendation of the now defunct Presidential Anti-Graft Commission (PAGC) to dismiss the three PEA officials from service, forfeit their retirement benefits, and disqualify them from employment in government. The SC said that the petitioners' dismissal was final and executory and can no longer be reviewed because they lost their opportunity to file an appeal before the Civil Service Commission. "For their failure to appeal to the proper forum, the decision of the PEA dismissing them has become final and executory. It should be emphasized that the 'right to appeal' is a statutory right and the party who seeks to avail himself of the same must comply with the requirements of the law. Failure to do so, the right to appeal is lost. As petitioners' dismissal has become final and executory, the Court no longer has the power to review and act on the matter," said the SC's decision written by Associate Justice Jose Catral Mendoza. The SC also held that the three former officials were accorded their right to due process and security of tenure. It added that the petitioners were given the opportunity to air their side in the course of PAGC’s investigation. “Nevertheless, the right to security of tenure is not tantamount to immunity from dismissal. Petitioners cannot seek absolute protection from this constitutional provision. As long as their dismissal is for a legal cause and the requirements of due process were met, the law will not prevent their removal from office," the SC said. The dismissal of the petitioners stemmed from the complaint-affidavit that businessman Sulficio Tagud filed with the Office of the Ombudsman in 2002. Tagud accused Lacson and the two others of overpricing the President Diosdado Macapagal Boulevard project by P600 million. The Ombudsman then conducted an investigation into the matter. That year, the Ombudsman granted PAGC's request for authority to conduct administrative proceedings against the three petitioners. In November 2002, the commission recommended the dismissal of three petitioners from service. Arroyo, daughter of the former president the boulevard was named after, then approved the dismissal of the three petitioners, who questioned the decision before the CA. — Sophia Dedace/KBK, GMA News