The Court of Appeals (CA) has affirmed its decision that ordered the dismissal from the service of three former senior officials of the Department of Social Welfare and Development (DSWD) for their involvement in the illegal release of the Priority Development Assistance Fund (PDAF) of two former Caloocan City legislators.

Affirmed in a resolution written by Associate Justice Myra Garcia Fernandez was the CA’s decision that upheld the dismissal order issued by the Office of the Ombudsman (OMB) against Mateo Montano, Vilma Cabrera and Pacita Sarino.

At the time of their dismissal, Montano was a DSWD undersecretary, Cabrera was assistant secretary, and Sarino was assistant director.

In denying their plea to reconsider the CA’s decision issued last February, the appellate court ruled:

“A perusal of the motion for reconsideration filed by petitioners of the Court's decision promulgated on February 28, 2020 shows that the issues raised and arguments in support thereof have already been given due consideration and resolved.

“Thus, this Court finds no new or substantial matters presented to justify a modification or reversal of the assailed decision.  Wherefore, the motion for reconsideration is denied.”  

The three former DSWD senior officials were ordered dismissed by the OMB which found them administratively liable for grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service.

The OMB also ordered the forfeiture of their retirement benefits, cancellation of eligibility and perpetual disqualification from re-employment in the government service.

Case records showed that the complaints against them were filed by the Public Assistance and Corruption Prevention Office (PACPO) in 2015 for violations of DSWD Memorandum Circular No. 24, Series of 2005, which mandates that only licensed and accredited non-government organizations (NGO) and Peoples Organizations (PO) are eligible to accept and utilize PDAF.

The same records showed that the three dismissed officials facilitated the transfer of P10 million for the so-called Cajayon Project during the term of Caloocan Representative Mari Mitzi L. Cajayon to the Kalookan Assistance Council (KACI), which is not qualified for PDAF transfer since it did not possess the status of a licensed and accredited PO.

The PACPO also filed another complaint against Montano for grave misconduct, conduct prejudicial to the best interest of the service and gross neglect of duty for facilitating the release of PDAF funds for the implementation of the so-called Asistio Projects during the term Caloocan Rep. Luis Asistio.

In consolidated cases, the CA said:

“Hence this Court finds that the Ombudsman is correct in imposing on all the petitioners the penalty of dismissal from service with its accessory penalties.”

In the case of Montano, the CA said that his “act of preparing the Obligation Slip in Asistio Project-1 and preparing the Disbursement Vouchers in both Asistio projects enabled the DSWD to release the above-mentioned amounts to KACI for two (2) projects which turned out to be ghost projects.”

It said that Sarino’s act of recommending the issuance of the second tranche of the Cajayon project without reviewing the partial liquidation report makes her administratively liable.

In the case of Cabrera, the CA said that her act of recommending the approval of the Cajayon project while there was no record that KACI had liquidated all funds made her administratively liable.

“Moreover, petitioner Cabrera's act of signing the Certificate of Inspection Report of petitioner Sarino without reviewing the same made her complicit and part of the conspiracy to effect the transfer of the PDAF funds to KACI to the prejudice of the government,” the CA said.