Administrative Order No. 379




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Administrative Order No. 379, December 26, 1961 ] ADMONISHING GOVERNOR MANUEL D. BARRETTO OF THE PROVINCE OF ZAMBALES This is an administrative case against Governor Manuel D, Barretto of Zambales, vvho was charged by Senator Genaro Magsaysay in a privileged speech in the Senate with abuse of the public trust, exploitation of public office for private gain, and improper conduct in our relations with foreign countries. Specifically, Governor Barretto, is charged with having, as Representative of the province of Zambales, executed nine (9) negotiated contracts with the U.S. Navy at Subic Bay for the purchase of surplus equipment, certifying that the same “shall be utilized exclusively for the rehabilitation of the municipality of Iba, for road construction, nor utilized in any way for irrigation projects, etc., for public convenience, and will not be resold, appropriated, personal profit or gain”, but contrary to said certification, he sold said equipment “to private parties as his own personal property.” It was averred that except for two items of equipment received and duly paid for by the province of Zambales, the others “were not and could not be found in Zambales much less in the possession of its Government-the purchaser of record.” The Presidential Committee on Administration Performance Efficiency (PCAPE) conducted a fact-finding preliminary investigation on the matter for the purpose of ascertaining as to whether there exists a prima facie case. Upon its termination, Governor Barretto waived his right to a formal investigation in accordance with Executive Order No. 370, series of 1941, manifesting that the case be decided on the basis of the said preliminary investigation.1aшphi1 It appears that during the period from June 2, 1959, to August 19, 1959, ten (10) negotiated contracts for the sale of surplus equipment at a total consideration of ?109,716.34 were executed by and between the Disposal Officer of the U. S. Navy Supply Depot at Subic Bay, representing the U. S. Government, and Governor Manuel D. Barretto, as Contractor or his authorized representative. Attached to each of the ten contracts was a certification signed by Governor Barretto stating that “the items of equipment purchased, by the undersigned shall be utilized exclusively for the rehabilitation of the municipality above-mentioned (Municipality of Iba) for road construction, irrigation projects, etc., for public convenience and will not be resold, appropriated, or utilized in any way for personal profit or gain.” These negotiated sales were made upon prior approval by the United States Bureau of Supplies and Accounts and on the representation of Governor Barretto that the equipment to be purchased thereunder would be used for feeder roads, communal irrigation projects, police work, SWA work, pest control, and dispersal of improved livestock. Under U. S. Navy rules and regulations, negotiated purchases of navy surplus properties are allowed only in favor of the Philippine Government and its agencies and instrumentalities, and that sales thereof to private individuals or entities shall be made through open bidding. It was also found that on July 16, 1959, two items of the purchased equipment covered by Negotiated Contract No. N-651s-4828, dated July 13, 1959, in the amount of ?38,553.10 (including customs duties), were sold by the respondent to Vicente Novales for ?40,000,00; and that with the exception of two heavy equipment, where were sold at cost to the province of Zambales, the other surplus equipment purchased were not in the possession of the province. However, no funds of the province were used in the purchase of any of the said equipment. The respondent explained that it was his intention to purchase said equipment in his personal capacity; that the original intention to purchase surplus equipment for the province was abandoned for lack of provincial funds and because he was advised by the Office of the Highway District Engineer that the purchase thereof would entail plenty of expenses for maintenance and repair; that it was his honest belief that negotiated sales were not limited to government entities as it was public knowledge in Zambales that negotiated sales to private individuals had heretofore been allowed on several occasions; that his certifications were not made at the time of the execution of the contracts but at one sitting three months after the execution of the last contract and only upon the request of U. S. Navy authorities, and on his honest belief that the signing thereof was but mere harmless formality; that he allowed third parties to buy the reserved equipment on their promise that should the Province of Zambales be in need of heavy equipment for feeder roads and communal projects, he could call on them for free services. This explanation, although sustained substantially by the evidence and circumstances of the case, is not entirely satisfactory. The respondent was expected to know that in allowing private parties to purchase the surplus equipment in question and benefit therefrom, he might thereby, as he did, place the Government he represents in an embarrassing position, at least before the United States Naval authorities, considering his written certification that the said equipment “shall be utilized exclusively for the rehabilitation of the Municipality of Iba for road construction, irrigation projects, and will not be resold, appropriated, nor utilized in any way for profit or gain.” It appears, however, that the same charge against the respondent was made an election issue against him as a candidate for reelection in November 1959 and that, notwithstanding said issue, he was reelected to the same position. In the case of Pascual vs. Provincial Board of Nueva Ecija, G.R. No. L-11959, October 31, 1959, the Supreme Court ruled that “reelection to office operates as a condonation of the officers previous misconduct to the extent of cutting of the right to remove him therefor.” In view of this doctrine, no disciplinary action may be taken against the respondent for the offense committed by him. However, he should be more careful in his official actuations in the future, so as not to expose to suspicion or criticism the high office which he holds in trust for the public. Wherefore, Governor Manuel D. Barretto is hereby admonished to be more careful in his official actuations in the future, particularly in his dealings with the U. S. Naval authorities. Done in the City of Manila, this 26th day of December, in the year of Our Lord, nineteen hundred and sixty-one, and of the Independence of the Philippines, the sixteenth. (Sgd.) CARLOS P. GARCIA President of the Philippines By the President: (Sgd.) EDILBERTO B. GALLARES Assistant Executive Secretary The Lawphil Project - Arellano Law Foundation