Let us now examine the pertinent portions of the decision acquitting Messers Sebastián, Serafica, Beltran and Valderrama of the charges of Grave Misconduct, Dishonesty and Act Prejudicial to the Best Interest of the Service in connection with the alleged illegal issuance of Sugar Order No. 4 that led to what is known as the sugar fiasco.
As to the issue of whether or not the four respondents unlawfully issued SO4, the decision ruled in the negative, to wit :
Our ruling
From the totality of the evidence, this Office finds that the issuance of SO4 was done in good faith absent any showing that the respondents were aware of their lack of authority.
In the instant case, SO4 was prepared pursuant to a directive by the President to come up with an importation plan, the draft of which was sent to then-Executive Secretary Vic Rodriguez.
Thus, it may not be gainsaid that when Sebastian signed SO4, this was upon the honest belief that he is authorized to do. The fact that before the issuance thereof, several emails were sent to the then Executive Secretary and that immediately after the issuance, the President was informed thereof, belies any insinuation that there was a united effort to conceal the same.”
While the decision states that the issuance of SO4 was done in “good faith” and the effect of the decision is the acquittal of the four respondents, the invocation of “good faith” on their part as a basis for their absolution, creates the impression that what they did in the issuance of SO4 is improper but they are being cleared of the irregularity because they did it in “good faith”.
To the mind of this lawyer, the four acted within their mandated authority given them under the law, and as regards Mr. Sebastian, in particular, he did so, pursuant to the expanded authority granted him under the memorandum dated 15 July 2022, issued by the then Executive Secretary, “By Authority of the President.”
Hence, Mr. Sebastian issued it in obedience to the authority granted him by the President as relayed to him by the former ES, by way of that 15 July 2022 memorandum, and not because he did not have the authority, and did the unauthorized issuance with the mistaken belief that he had the authority to do it. The grant of authority as contained in the said memorandum is a grant of delegated authority that the President can exercise under the Constitution.
It appears the Palace is still in the mistaken belief that the issuance of SO4 was irregular but the Office of the President is clearing them in the theory that they acted with the honest belief they have the authority, or as the decision puts it, they acted allegedly in “good faith”.
It seems that the Palace is not comfortable admitting its mistake, done thru the discredited former Executive Secretary and disgraced Press Secretary, and it is sugar-coating its error by absolving them without admitting the mistakes of its officials, which deodorizing is incompatible with their fall from power.
(To be continued)