IMPOSING THE PENALTY OF DISMISSAL ON LCDR. ARMANDO G. ADRIANO, COMMISSIONED OFFICER OF THE COAST AND GEODETIC SURVEY DEPARTMENT, NATIONAL MAPPING AND RESOURCE INFORMATION AUTHOR…
(“complainant”) against Lcdr. Armando G. Adriano (the “respondent”) and
eight (8) other officers and men of the RPS ATYIMBA, for conspiracy,
dishonesty, and graft. Specifically, complainant alleges that respondent
allowed three enlisted personnel of the RPS ATYIMBA to be absent for
extended periods without filing the requisite leave applications, thus
enabling them to fraudulently collect their full salaries and other
benefits notwithstanding their prolonged absence.
In response to the complaint, Commodore Renato B. Feir (“Commodore
Feir”), Director, Coast and Geodetic Survey Department, with the
approval of then NAMRIA Administrator Jose G. Solis, created a Summary
Board (“Summary Board”) composed of four (4) commissioned officers to
investigate the officers and men of the RPS ATYIMBA in connection with
the alleged irregularity.
After proceedings duly held, the Summary Board submitted on October
30, 1997, its investigation report finding the nine (9) implicated
officers and enlisted personnel of the RPS ATYIMBA guilty, in varying
degrees, of the charges leveled against them. As regards respondent, the
Summary Board found him guilty of abuse of authority and dishonesty,
and recommended his dismissal from the commissioned service, on the
following premises:
“5. ANALYSIS/OBSERVATIONS:
5.1 Based on the result of the investigation and the sworn
statements of the interrogated personnel of RPS ATYIMBA, as well as the
admission of Lcdr. Armando G. Adriano, the Board came up with the
following observations:5.1.1 Lcdr. Adriano is guilty of multiple counts of abuse of
authority and intentional disregard of office rules and regulations on
the following cases:a) Granting leave to some of his personnel without prior
approval and/or recommendation from the Director, CGSD and approval from
the Administrator while the vessel is on fieldworks (sic) in General
Santos City when he allowed SN3 Jesus Gomez to go home to Manila on 29
November 1996, eleven days before the vessel returned to Manila and when
he allowed SN1 Alberto Zubiri and SN3 Efren Aviles to disembark at
General Santo City when the vessel returned to Manila without filing the
corresponding application for leave.b) Allowing civilian passengers (two women) aboard RPS
ATYIMBA during the vessels (sic) navigation from General Santos City to
Manila without the permission/approval from the Administrator and/or the
Director, CGSD or their authorized representative.5.1.2 Lcdr. Adriano is also guilty of dishonesty and fraud on (sic) the following cases:
a) Inclusion in the payroll and payment of salaries, sea
duty pay and all other allowances of personnel under his command even
[when] subject personnel were absent from their work aboardship (SN1
Zubiri, SN2 Deocampo, SN3 Gomez and SN3 Aviles).b) Submitting (a) list of ship’s complement who were
aboard the RPS ATYIMBA during the navigation from General Santos City to
Manila which included names of personnel who were not actually present
aboard subject vessel during the voyage (SN1 Zubiri, SN3 Gomez and SN3
Aviles).c) Submission of falsified Attendance Report of Officers
and Men of RPS ATYIMBA for [the] period 16-31 December 1997 which
included personnel who were actually absent aboardship during the said
period (SN1 Zubiri, SN3 Gomez and SN3 Aviles).d) During the investigation Lcdr. Adriano had shown the
intent to hide or cover up the violations he had committed as Commanding
Officer of the vessel by saying that he delegated to his Executive
Officer and other junior officers the authority and responsibility
regarding the supervision of [the] ship’s personnel and other
administrative matters that is why he was not aware of what was
happening aboardship. But it is apparent from knowledge that being the
Commanding Officer he should always be aware of what is happening aboard
the vessel at all times.xxx xxx xxx
6. RECOMMENDATIONS:
Based on the findings and analysis, the Board respectfully submit[s] the following recommendations:
6.1 Recommended Penalties for Lcdr. Armando G. Adriano.
6.1.1 For Lcdr. Armando G. Adriano being Commanding Officer
of a survey vessel to whom the administration and management of the ship
and her complement as well as implementation of office policies
aboardship are entrusted, found guilty of multiple abuse of authority,
and is punishable by relegation in rank in the Lineal List of
Commissioned Officers and to be placed at the bottom of the ranking of
officers with the current rank of subject officer. Furthermore, Lcdr.
Adriano was found by the Summary Board guilty of dishonesty which
fall[s] under intentional misconduct and punishable by discharge from
the service under the provisions of existing rules and regulations
governing the Commissioned Service. The Board finds the case of Lcdr.
Adriano as very detrimental to the discipline, honor and integrity in
(sic) the uniformed service, hence subject officer is recommended for
dismissal from the commissioned service pursuant to the aforecited rules
and regulations effective upon approval of this recommendation.”
(Emphasis added).
Unfortunately, the above findings notwithstanding, the
administrative penalty against respondent remained unimplemented. In
fact, among those found guilty, respondent alone remained unpunished.
Thus, on January 4, 1999, Commodore Feir, acting as resident
ombudsman for NAMRIA, indorsed the entire records of the case to the
Office of the Ombudsman, for appropriate action, including the filing of
criminal complaints, if warranted under the circumstances.
After due investigation, the Office of the Ombudsman rendered its
resolution dated December 14, 1999, recommending the filing of criminal
charges against respondent, one (1) other commissioned officer, and four
(4) enlisted personnel for violation of Sec. 3 (e), Republic Act (RA)
No. 3019. In addition, the Office of the Ombudsman requested the
Administrator of NAMRIA to forthwith implement the proper administrative
penalty against respondent, as previously recommended by the Summary
Board.
Presently, the Secretary of Environment and Natural Resources
indorses to this Office the foregoing resolution of the Office of the
Ombudsman, for proper implementation of the administrative penalty
against respondent, as previously recommended by the NAMRIA’s Summary
Board.
After a careful review of the records of the case, it is evident
that respondent’s guilt of the charges leveled against him is well
supported by evidence on record. As found by the NAMRIA Summary Board,
and confirmed by the Office of the Ombudsman, respondent is utterly
unworthy to remain in the commissioned service. Thus, I find the penalty
of dismissal more than appropriate under the circumstances.
WHEREFORE, in view of the foregoing, and as recommended by the
Secretary of Environment and Natural Resources in accordance with RA
5976, respondent Armando G. Adriano, Lieutenant-Commander, Coast and
Geodetic Survey Department, National Mapping and Resource Information
Authority, is hereby dishonorably discharged from the commissioned
service with forfeiture of all benefits, effective from finality of this
Order.
SO ORDERED.
Adopted: 26 June 2000
BY THE PRESIDENT:
(SGD.) RONALDO B. ZAMORA
Executive Secretary