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PRESIDENTIAL ANTI-GRAFT COMMISSION (PAGC)

PRESS RELEASE

28 December 2007 

LUNG CENTER EXEC ORDERED DISMISSED BY THE OFFICE OF THE PRESIDENT - PAGC 

The Executive Director of the Lung Center of the Philippines, DR. JUANITO A. RUBIO, in a Decision by the Office of the President dated 14 December 2007 was ordered dismissed from the service with cancellation of eligibility, forfeiture of leave credits and retirement benefits and disqualification for reemployment in the Government Service, upon the recommendation of the Presidential Anti-Graft Commission (PAGC) for violation of Section 3 (e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) in relation to Republic Act No. 9184 (Government Procurement Reform Act) as well as Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) in relation to Section 8, Article IX-B of the 1987 Constitution. 

PAGC’s investigation showed that Dr. Rubio committed various violations of procurement laws when he entered into a negotiated contract with the New San Jose which was not in accord with the requirements set forth in Section 53, RA 9184; when he procured the services of Innova   and CIDG, for the construction of an Art Gallery and Glass Sculpture with Granite Bench, Rock Boulder Feature with Pond and other accessories, through shopping despite the absence of the conditions justifying them. 

PAGC held that with the numerous violations of RA 9184 committed by Mr. Rubio, there is no doubt that he may be held liable under Section 3 (e), RA 3019 for having acted in evident bad faith and thereby causing undue injury against the government when he entered into procurement contracts without following the procedure laid down in RA 9184. 

PAGC’s investigation further showed that, Dr. Rubio is likewise liable under Section 4 (A) (a), RA 6713 for receiving double compensation as Officer-In-Charge of the  Lung Center of the Philippines and as Assistant Secretary for Management Support Service Cluster of DOH. 

Section 8, Article IX-B, 1987 Constitution and Section 46 of Presidential Decree No. 807, prohibit public officers and employees from receiving additional, double or indirect compensation unless specifically authorized by law. 

Every government official must learn by heart that a public office is a public trust. Faithful compliance with the law is a vital duty which every public official has to observe. Nothing less is expected.  Dr. Rubio lamentably failed to live by the standards expected of a public servant, and for that he no longer deserves to be in the government service. 

The Office of the President, likewise, directed the PAGC to file a criminal complaint against Dr. Rubio with the Office of the Ombudsman, for violation of Section 3 (e) of RA 3019 and RA 9184#

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