Administrative Order No. 249-A




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ ADMINISTRATIVE ORDER NO. 249-A, May 16, 1996 ] AMENDING ADMINISTRATIVE ORDER 249 SERIES OF 1996, BY REDUCING THE PENALTIES IMPOSED ON EXECUTIVE DIRECTOR ELSA BAYANI AND DEPUTY EXECUTIVE DIRECTOR ASUNCION MACALALAG FROM NINE (9) MONTHS SUSPENSION TO ONE (1) MONTH SUSPENSION WITHOUT PAY This is a resolution of the motion filed by Executive Director Elsa Bayani and Deputy Executive Director Asuncion Macalalag, officials of the National Nutrition Council, seeking the reconsideration of Administrative Order No. 249, dated 2 February 1996, which declared them guilty of the following offenses: a. Realigning funds without the required DBM approval; b. Entering into six (6) contracts without the required Certificates of Availability of Funds; c. Charging the expenses of their April 1991 team building seminar against the NAFC Trust Fund, in violation of Section 84 (2) of P.D. 1445; and imposed on each of them the penalty of suspension for nine (9) months without pay. After a thorough review of the records in the instant case, this Office finds that while the respondents failed to strictly adhere to the applicable laws and regulations, there was, however, substantial compliance thereto. In addition, we acknowledge that except for this case, the long government service of the respondents has not, heretofore, been tainted with any anomaly or wrongdoing.ℒαwρhi৷ In view of the foregoing, this Office hereby modifies its earlier decision by reducing the penalty imposed upon each of them by AO 249, series of 1996, from nine (9) months suspension to thirty (30) days suspension without pay. Respondents are cautioned that a repetition of their infractions, or the commission of acts similar thereto, will be dealt with more severely. Commensurate to the positions they occupy, respondents are at all times, expected to be precise and diligent in the exercise of their duties and functions. Nothing less will satisfy the stringent requirements of our laws on disbursement and accounting of public funds. Adopted: 16 May 1996 BY AUTHORITY OF THE PRESIDENT: (SGD.) RUBEN D. TORRES Executive Secretary The Lawphil Project - Arellano Law Foundation