DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE GOVERNMENT URGENTLY NEEDED HELICOPTERS FOR ITS OPERATIONS IN JOLO. PETITIONER, AS MEMBER OF THE NHQ-BAC FAILED TO DETERMINE THE ELIGIBILITY AND CAPABILITY OF SUPPLIER MAPTRA. IT HAS NO FINANCIAL CAPACITY. NO REQUIRED TRACK RECORD. IT HAD A DEAL WORTH P15M AND THE SUBJECT CONTRACT IS FOR P105M. THUS PETITIONER WAS HELD TO HAVE COMMITTED GRAVE MISCONDUCT, PUNISHABLE BY DISMISSAL.

WHAT IS MISCONDUCT? WHEN IS IT GRAVE?

Misconduct is the “transgression of some established and definite rule
of action, more particularly, unlawful behavior or gross neglect of duty by a
public officer.”86 It is considered grave when the elements of corruption,
willful intent to violate the law or disregard established rules are also
present.

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