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Hermenegildo Serafica Photo courtesy of Philippine News Agency
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The Ombudsman will file criminal charges against Sugar Regulatory Administration's erstwhile chief, Hermenegildo Serafica, for breaching the Government Procurement Reform Act arising from the alleged procurement of farming tools that was delayed for nearly three years.
In a 21-page joint resolution, Ombudsman Samuel Martires found probable cause to indict Serafica of the charges for violating Section 65 (a)(2) of the law, which penalizes any public official who delays "without justifiable cause, the screening for eligibility and awarding of contracts beyond the prescribed periods of bids or other documents."
The case stemmed from almost three-year lapses from the issuance of the notice of the award to the signing of the contract for the procurement of 25 units of ripper harrower, which complainant Josephino Agosto argued that the prescribed timeframe for the process was limited to a mere ten days.
The complaint accused Serafica of deliberately prolonging the issuance of the Notice to Proceed for nearly three years, with the purported intention of negotiating terms with the bidder, Super Trade Enterprises.
"In this particular case, this Office cannot turn a blind eye on the three-year period it took to issue a notice to proceed," the Ombudsman said.
"The delayed award, by itself, could have only amounted to Simple Neglect of Duty and Misconduct but the protracted period to notify the supplier to proceed with the delivery of the harrows is a badge of (1) want of even the slightest care, or a conscious indifference to consequences, and (2) flagrant disregard of an established rule," it added.
Apart from filing charges, the Ombudsman also ordered Serafica's perpetual disqualification from holding public office.
Since Serafica vacated the post in 2022 following the sugar importation fiasco, the Ombudsman said he would still face a penalty of fine equivalent to equivalent to one year's salary.
Meanwhile, graft raps against Serafica were ordered dismissed.