The Ombudsman has ordered the filing of charges against former Sugar Regulatory Administration chief Hermenegildo Serafica for breaching the Government Procurement Reform Act over a nearly three-year delay in the procurement of farming tools.

In a 21-page joint resolution, Ombudsman Samuel Martires found probable cause against Serafica for violating Section 65 (a)(2) of the law, which penalizes a public official who delays "without justifiable cause, the screening for eligibility and award of contracts beyond the prescribed period of bids or other documents."

The case stemmed from lapses in the issuance of the notice of award in the signing of the contract for the procurement of 25 units of ripper harrowers. A ripper harrower is a farm machine that rips up the soil for tilling.

The complaint accused Serafica of deliberately prolonging the issuance of the Notice to Proceed with the purported intention of negotiating terms with the bidder, Super Trade Enterprises.
"In this particular case, this Office cannot turn a blind eye to the three-year period it took to issue a notice to proceed," the Ombudsman ruling read.

"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 said.

Apart from the filing of charges, the Ombudsman also ordered Serafica's perpetual disqualification from public office.

Since Serafica vacated the post in 2022 following the sugar importation fiasco, the Ombudsman said he would still face the penalty of a fine equivalent to one year's salary.

Meanwhile, graft raps against Serafica were ordered dismissed.