
The Office of the President (OP) has cleared former Agriculture and Sugar Regulatory Administration (SRA) officials in connection with the supposed illegal issuance of Sugar Order Number 4.
The order would have allowed the importation of 300,000 metric tons of sugar without President Ferdinand “Bongbong” Marcos Jr.’s approval.
In a 10-page decision dated December 29, 2022, the OP said the following are absolved of liabilities since the issuance of SO 4 was “done in good faith”:
“From the totality of the evidence, this Office finds that the issuance of SO No. 4 was done in good faith absent any showing that the respondents were aware of their lack of authority,” the decision read.
“Here, respondents thought they were authorized because of miscommunication,” it added.
The four were charged with grave misconduct, gross dishonesty and conduct prejudicial to the best interest of the service in connection with Sugar Order No. 4.
According to the OP, the miscommunication stemmed from the July 15, 2022 memorandum of then-Executive Secretary Vic Rodriguez that allowed Sebastian to sit as ex-officio chairman of the Sugar Regulatory Board.
The same July 15, 2022 memo also allowed Sebastian to sign contracts and other documents necessary to carry out department objectives, policies, functions, plans, programs, and projects, for the efficient and effective operations of the Department of Agriculture.
“In the instant case, SO No. 4 was prepared pursuant to a directive by the President to come up with an importation plan, the draft of which was sent to then ES Rodriguez. Having raised no objection therefore, respondents could have assumed its approval,” the OP said in its decision.
“In this case, there exists no clear and convincing evidence to suggest that the respondents committed any misconduct. Notably, there is no showing that respondents issued the subject order in order to materially benefit therefrom, and the surrounding circumstances extant absolve the respondents of any misconduct,” it added.
The OP also said the officials did not commit dishonesty because the the intent to deceive or misrepresent is absent. —KBK, GMA Integrated News
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