Court Upholds Dismissal of Silang Engineer Over Questionable Procurement

CAVITE — A municipal engineer in Silang has been dismissed from office after the Court of Appeals upheld an Ombudsman ruling finding him liable for irregular procurement tied to a 2023 church celebration.

Robert Marquina was found to have signed off on questionable purchases of flowers and string lights for a Jan. 28, 2023 ball honoring the Feast of Nuestra Señora de Candelaria. The flowers were valued at P70,000 pesos and 1,000 string light bulbs at P100,000 pesos.

The procurement was irregular because bidding documents were prepared and issued after the event occurred, the Ombudsman determined. The municipal government issued a purchase request for 170,000 pesos on Jan. 13, approved by then-Mayor Alston Kevin Anarna.

The Commission on Audit (COA) flagged the procurement as illegal in January 2024, noting that the bid notice abstract was created Jan. 31 — three days after the event — with the request for quotation published online Feb. 1.

During its investigation, the Ombudsman’s office found that the vendor, Badeth Merchandise, was not registered with the local business licensing office. Additionally, investigators discovered that string lights used at the event were rented rather than purchased, and the flowers delivered were valued significantly less than the amount paid.

The Court of Appeals Third Division upheld Marquina’s dismissal, saying his action of signing the bid and procurement documents constituted grave misconduct and gross neglect of duty.

“Being a member of the local government unit’s bidding and awards committee, the petitioner was duty-bound to know and follow the law,” wrote Associate Justice Ruben Roxas in the court’s decision.

Marquina had argued that the penalties were excessive and that he received no financial benefit from the procurement. The court rejected both arguments, ruling that corruption as an element of grave misconduct can benefit third parties.

“While petitioner may not be held accountable for serious dishonesty, he is liable for grave misconduct and gross neglect of duty, both of which are grave offenses punishable by dismissal from service,” the court said.

Separately, the Ombudsman in October 2024 ordered Mayor Anarna’s dismissal and barred him from holding elected office after finding him guilty of grave misconduct and serious dishonesty. Though Anarna was reelected in May, the Commission on Elections disqualified him based on the Ombudsman’s ruling.