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NOTNCE OF DECISION

Sir'/Maclaur: on _ f-it--t": J ?-2{Jlf-_-, the attachecl Decision No.2011-135 on tire above-entitlecl case, tire dispositive portion of whicl'r reads as follbws

The Civil Service Comrnission, Regional Otfice No.L promulgatecl

ngnhLst

'WHEIIEFOI{E, Ttrenrises consitl.arerl, llrc ntltninisl.rnLipe compl.nirLt Jose A. I3onifncio is lu:reLry DtrSMISSED for lnclc oJ'printn fn.cie cnse."

The original copy of saicl l)ecision is now on file witl-r this Office.

Iiil:l-f

3-?

?ffif

il-

, San ]rernar-rrlo

City, La Union.

Very tluly yours,

AT'TY.

D. UNITE

l)ilector IV

Ctt1tr1

.litntishci: Ms. CI-IIUSTIANNF, C. SUCUITAN Provincitrl A,o,rtr rian Refol m Of licer Ilocos Nor:te Plovjrrcial Agra.r:ian Ilel'ornt OfIice Laoag City, 2900 Ilocos Nortt:

Mr.IOSE A. IIONIITACIO

Ilocos Norte Plovirrcial Aglariarr l(eform Office La.ot-rg City,2900 Ilocos Nolte

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DECISION
Clhristianne C. Suguilan, Provincjal Agrarian Ilefor.m officel of Ilocos NorLc: Prorziirciarl Agraliau Reform Office, filecl an aclnrir-ristraLive colnplai't aaai'st Josc. lionil'arcic-r, Agr:alialr Ilelorm PrograLl'1'echnologist of sar le office, for Gross l)liscour:resy.

S.lguilan allegerl, alrons others, the

"C)tt' 05 JLrly 2011,

fc.illowir-rg:

ttry

tt.f'f:rt-a

corrltrt'lctl rt Prc-Rez,iaru ntLrl Plnrtrting Sessiort ril Ilrc

llrc siutte;

to Ilrc propricty

o.f,

ptrriltrrses

o.f o.flice

srtltplies;

t:ottsirlering tltnt lrc lnd

n;rltnilLe

d lo

l:1rc

fitcl;

ntrtl po.sitiotr nnd iu lltc ltresuLca of rtll i],, purrn,,,tel irr, nllertrlntlr-a, slrcrtlcrJ tlru .[ol.loruitrg ruords: "GINAC;A[c]lo Mo A'Ko!G-Llsl-o MoNG pAG{-1S,4p,4N NA N.4?lN ].,AttAT. NGAyOAi A/A. CjGE,,I_CONyEAJI. A40 NA AA/G Cllt/EVANC[:, CAMMI-\'7'E,[]" nntl sirtutll:rutaortsly stooil rrlt rrrrd pttslrcrl lmrt! llrc rntttro^blocli tlrnir lrc rutts sanlerl nI;,, (llrors untljlturbecl)'
oJ.'[ica

nl ilre

Suguitar-i suburil'l'cc1 the joir-rL afficlavit of Marie lilorence lisperanza V. Manuel to suppor.t hel allegatior-rs.
Or-i SepteLlrber 9, 2077, ilonifarcio submittecl portions of whicl-r r"eacl as 1tollows:

M. pacial ancl Ma.

his cor,rnler-elfficlavjt-, the pertinent

tu*O*

"'1'hnl ttt nbrttrl

l:00 o'clttck itt

!1rc nflarrtoon, sonrt: o.[

rty

co-atr[tloyae.s strtrtcr,l

"'l-lrttt !tt ttty tslt-ttrishttrt'rtt ntd zuillrott!. axStat:!ttliort, I lranrt] A LO;;D VOIU_: cnllLltg Ittt/ Htuu( rrnil ttllt:ratl lltc.lbllort,irtg: "O IOIiO AA/Lt NA NAMAA/ yOA/ P/A/,AGKAKA],AT A4O DI1-O A/A AA'AY MGA G/1OS7' PL/RCII/AS1]]
SA

stilatnanls x:tx.

/)ri3t' 7 o/

"TImt tlrc conrplainnnt nnszuered nu1 request not in her professionnl soft ztoice by saying:'DITO NA/ D/TO NA!" xxx.
"Thnt from the nctuntion of the cornplninant, I felt slrc placed me in n limelight to shameful a stand, by letting me rtiezued by officemate being castigated. Despernte to be felt, I felt humiliated for tlrc sirnple reason that I injured no one as I hatte been prudent enough in my rttork xxx,

*y

t! \,

LX)i

"TImt because of the contplninnnt pusistent clnntoi to nslced those things, I suggesterl to tlrc cornplninnnt ruith the folloruing stntentents: 'OK MAAM, KUNG GUSTO MO PAG-USAPAI/ NA NATIN LAH.AT, WE HAVE TO COTVYENE A GRIEVANCE COMMITTEE, I MAY ASK THE PRESENCE OF OUR MARO PRESIDENT,' Hence, DENYING thnt I slnuted nt her and no zoords of 'GINAGAGO MO AKO'
Xxx." (Elrors undisturbed)

Suguitau, Pacial, and Manuel appeared during the prelirninary investigation held on October 18,2011., and were individually and separately interviewed.
".y'',,,'

forsaidcrirne.Copyofsaidrescrlutionwassubmittedtothisoffice.-

Suguitan affirmed the statements in her affidavit, She mentionetl that she also filed a criminal complaint for Unjust Vexation against Bonifacio, an<l that Iiocos Norte Provincial Prosecutor's Office already issued a resolution charging Bonifacio in court
Pacial ancl Manuel, however, did not affirm the entirety of their joint-aifidavit as
ancl

they deny their statements therein that Bonifacio showed blatant disrespect

discourtesy to Suguitan and that he shouted and pushed hard his chair. Pacial said that she heard Bonifacio looking for the MAI{O president but he was not shouting. She added that she did not actually see tl're alleged confrontation between Suguitan and Bonifacio as she was not near them
:

Manuel, on the other hand, stated that she witnessed Bonifacio fairly elevate his voice and lightly ram his monoblock chair to the floor causing fu-roe slight disturbance, as those in the area momentarily stopped what they were doing to see what was going on. She, however, was not able to hear the exact worcls mention-ed by Bonifacio.

Bonifacio likewise appearerl duling the investigation. He stated that the cornplaint against him by Suguitan is rnei'ely retaliator! because he filed a lettercomplaint against her with their Department Secretary. He submitted a dopy of said letter-complaint dated July 6,2011 and the Notice of Preliminar:y Investigaiion datecl
September 28,20!7. The issue in this case is whether or not a prima facie case for D-iscourtesy in the Course of Official Duties exists against Bonifacio.

Page 2 of 3

Citing Webster Dictionary, the Commission.defined Discourtesy in the case of Espina, Didith R., csc Resolution No. 98-2991, Novembter 16,lggl,as follows:
"Discourtesy is defined ns inciuiJity; Inngunge; ni inryoliie act."

itl

m(tnners; rucleness

of r

belmuior - or

standing up and 'lpuslinghard" the cliair he was seated

In the instant case, the rliscourteous act alleged to have been comrnitted by Bonifacio is that he shoute,J "Ginngngo mo nko!" at Suguitan while simultaneo,rrly

at.

However, whether Bonifacio really shouted at Suguitan is doubtful since pacial and Manuel, Suguitan's witnesses themselves, manifested during the preliminar;, investigation that no shouting occurrecl. At tlie very least, Bonifacio just fairly elevatei
his voice.

This Office is likewise not convinced that Bonifacio uttered the worcls " Ginagago Tl-rib was not testified to by Suguitan's witnesses in their joint affidavit. In iait, during the preliminary investigation, Pacial saicl that she ciid ,-,oi h"u, the exchange of words between Bonifacio and Suguitan as she was not near the two, while Manuel-also stated the she was not able to hear the exact words mentioned by Bonifacio.
mo

nlo!"

Although a small disturbance happened due.to the sound createcl by the slight ramrning of Bonifacio's monoblock cliair- to the floor, it was not shown that this was intentional on his part. Manuel, cluring the prelirninary investigabion, cannot clescribe exactly how the chair rammed to the floor.. Bonifacio explainedlhat a rolled document on his back pocket was caught by the hole in the chair, and when he tried to remove said documents, the chair was draggecl. Thus, contrary to wha't Suguitan alleged, Bonifacio did not push harcl his chair,

'.

In administrative proceedings, the burclen of proof that respondent commiLted the act complained of rests on the cornplainant (Ong v. Rosete, +af SCna f SO;. In the instant case, Suguitan failed to adduce primn fncie evi<7ence to suppor.t her allegations that Bonifacio shoute,J "Ginagago nto ake!" and pushed hard iiis chair, or that he committed any ill-rnannerer.1, *,1u, or impolite ^conduct in any way. Worse; her witnesses even opposed the material statements in theirfuint affi.lavit. Flence, without a leg to stand on, the complaint must fall.
WHEI{EFOIE, premises considered, the administrative complaint against Jose A. Bonifacio is hereby DISVIISSED for lack of p,rtimn fncie case,
Suguitan at their known addresses.

Let a copy of tl,ris decision be furnishecl to Jose Bonifacio and Cirristianne

Sal Feinando City, La Union.

ATTY. Director IV
lsd/eaclu/rnpp/363
Pngc 3

Y D. UNITE

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