An Ombudsman case for violation of Section 3 (a), (e), (g),
(i) and (j) of R.A. No. 3019 and Grave Misconduct filed by Complainant Mr
Bernardo V. Lopez has been dismissed against the Respondents PNOC President, PNOC Board of Directors and the Chairman and CEO of Pionaire Finance Limited.
The PNOC-EC is a government-owned and controlled corporation
while Pionaire is a foreign company registered in the British Virgin Islands.
Both of these companies engage in petroleum trade internationally.
The Respondents were charged in connection with the PNOC-EC
Boards passage of a resolution authorizing the PNOC President/CEO to enter into
a Memorandum of Understanding (MOU) with Pionaire involving a joint business venture in international
petroleum trade.
In these cases, complainant failed to substantiate his
allegations that respondents committed the criminal offenses charged.
The Ruling is stated as follows:
- The charge for violation of Section 3 (a) of R.A. No. 3019
against the respondent PNOC President/CEO failed because there was no evidence
presented showing that he persuaded, induced, or influence his co-respondents
to approved the Resolution.
- The charge for violation of Section 3 (e) of R.A. No. 3019
failed because there was no evidence presented showing that public respondents
caused undue injury to the government or any party or gave Pionaire unwarranted
benefits, advantage, or preference.
- The charge for violation of Section 3 (g) of R.A. No. 3019
failed because their was no evidence presented showing that the MOU was manifestly
and grossly disadvantageous to the Government.
- The charge for violation of Section 3 (i) of R.A. No. 3019
failed because there was no evidence presented showing that public respondents
directly or indirectly had become interested, for personal gain, or had
material interest in any transaction or act requiring their approval.
- The charge for violation of Section 3 (j) of R.A. No. 3019
failed because there was no evidence presented showing that public respondents
knowingly approved or granted any license, permitm privilege, or benefit in
favor of Pionaire.
The complaint filed against the respondents was dismissed
March 28 in the Office of the Ombudsman, Quezon City, Philippines by Graft
Investigation and Prosecution Officer II John Paul Galang and approved by
Ombudsman Conchita Carpio Morales.