Former administrator Hermenegildo R. Serafica of the Sugar Regulatory Administration (SRA) has been ordered charged before the Sandiganbayan with violation of Republic Act No. 9184, the Government Procurement Reform Act, for alleged delays in the procurement of land tractors and harrows.
Also, Serafica -- who resigned his post in 2022 as a result of the controversial sugar importation -- was also ordered dismissed from the service by the Office of the Ombudsman (OMB) for gross neglect of duty and grave misconduct.
Since Serafica is no longer with the government, the OMB ordered that the alternative penalty for dismissal from the service is a fine equivalent to his salary for one year.
The graft charge against Serafica was ordered dismissed for lack of evidence.
The OMB's resolution approved by Ombudsman Samuel R. Martires stated: "Wherefore, there being probable cause, let an Information be filed against Hermenegildo R. Serafica for violation of Section 65(a)(2) of Republic Act 9184."
"Moreover, he is found guilty of Gross Neglect of Duty and Grave Misconduct and is hereby meted the penalty of dismissal from the service with accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office and bar from taking civil service examination," the resolution also stated.
The complaint against Serafica was filed by Josephino M. Agosto for alleged delays in the procurement of 25 units of Ripper Harrower. Agosto stressed that 886 days had already lapsed from the issuance of the notice of the award to the signing of the contract, when in fact only 10 days had been allowed.
Agosto said that Serafica intentionally held up the release of the Notice to Proceed for more than two years until the bidder, Super Trade Enterprises, had a negotiation meeting with him.
In resolving the complaint, the OMB found Serafica liable under Section 65(a)(2) of RA 9184 for delaying the award and implementation of the contract beyond the prescribed period. It also ruled that there was substantial evidence to hold Serafica liable for grave misconduct and gross neglect of duty.
"This Office does not see any denial from the end of the respondent that the statutory periods under Sections 37 and 39 of RA 9184 were not met. Moreover, the respondent cannot simply gloss over the fact that it took a handful of days short of three years from the opening of the bids to the issuance of the notice to proceed," the OMB said.
It pointed out that the purchase request and the need of the SRA for the land tractors and harrows had been existing since 2017, and the fact that these have been procured only in 2020 means that the purchase request was "neglectfully delayed" and "this denied the SRA the use (of the equipment) from 2017 to 2020."
The resolution was written by Graft Investigation and Prosecution Officer III Kathleen Sheilah T. Uy-Alcober with the approval of Assistant Ombudsman Pilarita L. Lapitan. Ombudsman Martires signed the resolution on Aug. 7, 2023.