Ex-SRA officials absolved of liability

MANILA — A Malacañang investigation "absolved of any liability" several officials of the Sugar Regulatory Administration (SRA) who were tagged in a sugar importation fiasco last year, which President Ferdinand Marcos Jr. on Thursday attributed to a "procedural mistake."

Former Agriculture Undersecretary Leocadio Sebastian, ex-SRA Administrator Hermenegildo Serafica and several others were accused of grave misconduct and gross dishonesty for giving green light to the importation of 300,000 metric tons of sugar in August 2022 despite their alleged lack of authority.

• Marcos rejects importing 300,000 MT of sugar, Palace says as prices hit P100 a kilo
• What the probe into the sugar import mess aims to determine

But Executive Secretary Lucas Bersamin recently approved the dismissal of administrative cases against the officials.

"It was basically a mistake, a procedural mistake so we proceed on that basis," Marcos said in a press conference, when asked about the decision.

"Whatever plans we have for Undersecretary Sebastian, I think he should hear them first, not over the news so pag-uusapan namin," he said.

(We won't discuss it over the news.)

WHAT PALACE PROBE FOUND

In its report, the Office of the Deputy Executive Secretary for Legal Affairs said the importation order was "done in good faith."

The respondents "thought they were authorized" to issue the import order due to "miscommunication" that stemmed from a memorandum released by former Executive Secretary Vic Rodriguez which gave Sebastian additional authority, the report noted.

The memo from Rodriguez had authorized Sebastian to "sign contracts, memoranda of agreement, administrative issuances, instruments and administrative financial documents" to ensure the smooth operation of the agriculture department.

"When Sebastian signed SO (Sugar Order) No. 4, this was upon an honest belief that he is authorized to do so," the report said.

The probe also found that Sebastian sent "several emails" to Rodriguez notifying him about the sugar import plan, but the latter took "no action" on this.

The report added that the President was "immediately" informed about Sugar Order 4 after its issuance, which "belies any insinuation that there was a united effort to conceal the same."

"There exists no clear and convincing evidence to suggest that the respondents committed any misconduct. Notably, there is no showing that respondents issued the subject order in order to materially benefit therefrom," the report said.

Bersamin approved the report on Dec. 29.

Sebastian, Serafica, ex-SRA board member Roland Beltran, and former planters' representative Aurelio Gerardo Valderrama "are hereby absolved of any liability as to the offenses charged," the decision said.

"However, the respondents are admonished to be more prudent and circumspect in the performance of their duties," it added.

WHAT BLUE RIBBON SAYS

The sugar import mess spawned a separate Senate inquiry. The Senate Blue Ribbon last year report recommended to the Office of the Ombudsman the filing of complaints against suspended Sebastian, Serafica, Beltran and Valderrama.

The Office of the President's decision "does not affect" the Blue Ribbon's report, said its chairperson Sen. Francis Tolentino.

"An internal motu propio administrative investigation report made by a separate branch of the Government is different from a Blue Ribbon Committee Report -made pursuant to the rules of a co-equal branch of the Government," he said in a statement.

Citing a 2007 Supreme Court decision, the senator said, "The dismissal of an administrative case does not necessarily bar (prevent) the filing of a criminal prosecution for the same or similar acts which were the subject of the administrative complaint".

"The internal OP investigation, the Senate investigation and any Ombudsman investigation are entirely independent proceedings. Neither would the result in any, terminate or conclude the other(s) and criminal liability is only totally extinguished under Article 89 of the Revised Penal Code, which does not include dismissal of an administrative case," Tolentino said.

The importation issue issue prompted Marcos to reorganize the SRA in 2022.

• Marcos to 'reorganize' SRA amid sugar import mess, leave probe up to Congress
• Ex-SRA chief: Marcos Jr. raised idea to import higher sugar volume

Last month, the President approved the importation of 64,050 metric tons of sugar to stabilize its prices during the holiday season.

• DA defends sugar importation order OK'd by Marcos
• DA orders immediate importation of 64,050 MT of refined sugar amid high inflation

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