A decision dated 29 December 2022, penned and signed by former Chief Justice and current Executive Secretary Lucas Bersamin, by the authority of President Ferdinand Romualdez Marcos Jr., dismissed the charges of Grave Misconduct, Gross/Serious Dishonesty, and Conduct Prejudicial to the Best Interest of the Service, against the members of the Sugar Regulatory Administration, in connection with their issuance of the controversial Sugar Order 4.
SO4 led to the resignations of Undersecretary Leocadio Sebastian as Chief of Staff and Undersecretary of the Department of Agriculture, Hermenegildo Serafica as administrator of the Sugar Regulatory Administration, and Rolando Beltran as Millers’ Representative in the SRA Board, and the 90-day preventive suspension of Sebastian and Aurelio Gerardo Valderrama Jr., Planters’ Representative in the SRA Board.
It will be recalled that this columnist slammed then Press Secretary and the former Executive Secretary in a series of columns in this newspaper, and in my running commentaries in my daily SMNI 9 to 10 a.m. show, titled, “Problema n’yo, ITAWAG KAY PANELO”, as well as in my Monday to Friday 1 to 2 p.m. Radyo Bandido show titled, “ Kontra Birada”, for misleading the public and describing the SO4 as unlawful as it was issued without the knowledge and consent of President Marcos, Jr.
This citizen severely criticized the two officials as committing an injustice against Sebastian, Serafica, Beltran, and Valderrama vis-a-vis their signing of the SO4. They were also pummeled on their incompetence and unfitness in holding such high and sensitive positions, doing PBBM a disservice, and tainting his administration with their grave misconduct. This barrister continued to criticize their reprehensible acts until they fell from grace and power.
This lawyer opined too that there was nothing unlawful with their issuance and signing of SO4 as they did so, pursuant to their mandates as members of the SRA. With respect to Undersecretary Sebastian, he inked his signature thereto, by virtue of a memorandum dated 15 July 2022 from the then ES, issued “By Authority of the President” that granted him additional authorities as Undersecretary for Operations of the Department of Agriculture, particularly item (b) that read:
“b. Sign contracts, memoranda of agreement, administrative issuances, instruments, and administrative and financial documents necessary to carry out department objectives, policies, functions, plans, programs, and projects, for the efficient and effective operations of the DA General Memorandum Order (GMO) No. 03 (S.2016), as amended by DA GMO No. 01 (S.2018).”
This legal mind also articulated that the facts and circumstances surrounding the so-called sugar fiasco had all the earmarks of good faith on the part of the respondents, plus the unquestionable fact that they were following the instructions given them, which directives were undisputed, if not admitted, by the then ES in the Senate hearing.
This writer also lambasted the Chairman of the Senate Blue Ribbon Committee and the senators who signed the recommendation finding them guilty of Serious Misconduct, Dishonesty, and Act Prejudicial to the Best Interest of the Service, and worse, recommending the filing of criminal charges of graft against them.
This columnist described the said senate blue committee’s findings as against the facts and the law, and a glaring miscarriage of justice.
Additionally, this lawyer publicly asked the Office of the President to rectify such brazen error and manifest injustice by absolving them and putting them back in their previous positions.
Finally, justice has triumphed and an injustice inflicted on the four aforesaid public officials — Sebastian, Serafica, Beltran, and Valderrama — had been rectified by the resolution from the Office of the President, thru Executive Secretary Bersamin, that dismissed all the administrative charges against them.
(To Be Continued)