MANILA, Philippines – The Supreme Court has upheld the conviction of two former University of the Philippines top officials found guilty of graft and misconduct in connection with the establishment of an institution offering a technology management course in 1995.

The Court’s First Division approved the 17-year jail terms meted out by the antigraft court Sandiganbayan on Drs. Roger Posadas and Rolando Dayco, former chancellor and former vice-chancellor of UP Diliman.

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In its its 27-page decision dated July 17 and penned by Justice Martin Villarama Jr., the court applied various laws and existing jurisprudence to uphold the conviction of the two, who had been accused of violating government regulations against multiple positions, double compensation and retroactivity of appointments.

The case stemmed from Dayco’s appointment of Posadas as both project director and consultant in the establishment of the Technology Management Center. The appointments caused a controversy because at that time Dayco was the chancellor in an officer-in-charge capacity, having been designated so by Posadas, who was then on an official trip to China. The appointments also did not have the authorization of the UP board of regents.

The Technology Management Center was to offer master’s degree in technology management through an interdisciplinary program that combined business management, engineering, and the social and physical sciences.

Upon the complaint of the board, the Ombudsman sued Posadas and Dayco for violations of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, and of Section 7 (b) of RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

In June 2005, the Sandiganbayan sentenced the two to suffer 9 to 12 years in jail for violating RA 3019 and five years in jail for violating RA 6713. They were ordered to reimburse the government the P360,000 in salaries and consultancy fees paid to Posadas for his illegal appointment. They were also meted out perpetual disqualification from public office.

In their appeal to the Supreme Court, Posadas and Dayco accused the Sandiganbayan of committing grave abuse of discretion in convicting them. They said the UP charter does not expressly forbid an OIC chancellor from appointing officials and that the government did not lose any funds because funding for the TMC had come from foreign sources.

They also claimed they were victims of “university politics” as they were staunch critics of then UP president Emil Javier.

The Court noted that the board of regents had eventually allowed both Posadas and Dayco to resume teaching part time at the TMC, citing their being distinguished intellectuals and scientists who had served UP for so long despite the meager compensation.

However, the Suprfeme Court said the law must be upheld and the two should still be punished, stating, “[T]his Court’s mandate is to uphold the Constitution and the laws. Our Constitution stresses that a public office is a public trust and public officers must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.”

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“These constitutionally enshrined principles, oft-repeated in our case law, are not mere rhetorical flourishes or idealistic sentiments. They should be taken as working standards by all in the public service,” the high court said.

Justice Lucas Bersamin, division acting chair, as well as division members Justices Roberto Abad, Jose Mendoza and Bienvenido Reyes concurred in the ruling.

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