The Court of Appeals has dismissed a petition for review filed by former administrator Hermenegildo R. Serafica of the Sugar Regulatory Administration (SRA) to the Ombudsman’s order for the filing of a criminal case against him for the three-year delay in the procurement of P5.7 million in farm equipment.
The Court of Appeals Ninth Division in a resolution dated February 28, and released to the media Monday, April 1, said the petition for review is outrightly dismissed as it suffers from “defect and inadequacy”.
Serafica still has the option to go to the Supreme Court.
The Ombudsman had earlier ordered the indictment of Serafica for violation of Section 65(a)(2) of Republic Act No. 9184, the Government Procurement Reform Act.
The Ombusdman also found Serafica guilty of gross neglect of duty and grave misconduct and meted the penalty of dismissal from the service and perpetually disqualification from holding public office.
Serafica resigned from the SRA in August 2022 following the issuance of a controversial sugar importation order.
If the penalty of dismissal can no longer be implemented by reason of separation from the service, an alternative penalty of fine equivalent to one year of his salary shall be imposed, the Ombudsman ruled.*