The Supreme Court has affirmed the dismissal from the military service of former Marine commandant Major General Renato Miranda who had been found guilty by the Office of the Ombudsman of pocketing P36.7 million in combat clothing allowance intended for soldiers.
In a 16-page decision released to the media last Aug. 22, the SC’s Second Division, through Associate Justice Amy Lazaro-Javier, overturned and set aside the July 30, 2014 decision of the Court of Appeals, which nullified the order issued by the Ombudsman on Feb. 27, 2009 ordering the dismissal of Miranda from the service along with five other military officers for grave misconduct and serious dishonesty.
The high court ruled that the CA committed grave error when it cleared Miranda of the allegation despite compelling evidence on record showing that he committed the offenses.
Miranda was ordered dismissed from the military service in 2006 for his involvement in the coup plot to oust then-President Gloria Macapagal-Arroyo but was granted amnesty by her successor, former President Benigno Aquino III in 2010.
“What respondent did was truly indispensable to the consummation of the unlawful disbursement of public funds which cause prejudiced to the government,” the SC said.
Besides dismissal from the service, the high tribunal also ordered the forfeiture of all his benefits except accrues leaves benefits if any.
Miranda is also perpetually disqualified from re-employment in any branch or service of the government including government-owned and controlled corporations.
The former Marine commandant is also facing a graft case before the Sandiganbayan for malversation through falsification of public documents in connection with the anomaly.
In its decision rendered on July 30, 2014, the CA granted the appeal of Miranda and reversed the Ombudsman’s decision and ordered Miranda’s reinstatement to the military service.
When the appellate court denied its motion for reconsideration, the Ombudsman brought the case before the Supreme Court.
In seeking for a reversal of the CA decision, the Ombudsman argued that Miranda, along with his four co-accused PMC personnel, conspired to defraud the government through a fictitious grant of CCIE allowances to supposed enlisted members of the Philippine Marine Corps.
The case arose from the complaint filed against Miranda and four other Marine officials accusing them of pocketing the Combat, Clothing Allowance and Individual Equipment Allowance (CCIE) for the year 1999 amounting to P36.768 million.
Each enlisted employee was to get P8,381.25 as combat clothing allowance and P6,337.80 as individual equipment allowance, or a total of Pl4,719.05. The disbursements were released through 19 checks in various amounts.
However, at least 145 soldiers who were supposed to benefit from the fund attested that they did not receive any amount in full or in part.
