Professional Documents
Culture Documents
Formerly A.M. OCA I.P.I. No. P-97-1247
Formerly A.M. OCA I.P.I. No. P-97-1247
DECISION
PER CURIAM:
In an administrative complaint for
"Conduct Unbecoming a Government
Employee, Acts Prejudicial to the Interest
of the Service and Abuse of Authority"
dated August 18, 1995, Complainant
Narita
Rabe,2 by
counsel,
charged
Respondent Delsa M. Flores, Interpreter III
at the Regional Trial Court, Branch IV,
Panabo, Davao, as follows:3
"(Mrs.) Flores took advantage of
her position as a court employee
by claiming a stall at the
extension of the Public Public (sic)
Market when she is (sic) not a
member of our client's association
and was never a party to Civil
Case No. 89-23. She herself knows
(sic) that the stalls in the said area
had already been awarded to our
client's members pursuant to the
decision of the court on October
30, 1991. Worse, she took the law
into
her
hands
when
she
destroyed the stall of our client
the
explanation
of
respondent
unsatisfactory. Respondent's misconduct is
evident from the records.
By her own admission, respondent
had collected her salary from the
Municipality of Panabo for the period of
May 16-31, 1991, when she was already
working at the RTC. She knew that she
was no longer entitled to a salary from the
municipal government, but she took it just
the same. She returned the amount only
upon receipt of the Court Resolution dated
January 17, 1996, or more than five (5)
years later. We cannot countenance the
same. Respondent's conduct is plain
dishonesty.
Her explanation, as observed earlier,
is unsatisfactory. Her overriding need for
money from the municipal government,
aggravated by the alleged delay in the
processing of her initial salary from the
Court, does not justify receipt of a salary
not
due
her. We
sympathize
with
respondent's sad plight of being the sole
breadwinner of her family, with her
husband and parents to feed and children
to send to school. This, however, is not an
acceptable excuse for her misconduct. If
poverty and pressing financial need could
justify stealing, the government would
have been bankrupt long ago. A public
servant should never expect to become
wealthy in government.
But
there
is
really
more
to
respondents'
defense
of
poverty. If
respondent was just driven by dire
pecuniary need, respondent should have
her
the
penalty
law: dismissal.
prescribed
by
market." The
Office
of
the
Court
Administrator also found that she had
been receiving rental payments from one
Rodolfo Luay for the use of the market
stall. That respondent had a stall in the
market was undoubtedly a business
interest which should have been reported
in her Sworn Statement of Assets and
Liabilities. Her failure to do so exposes her
to administrative sanction.
Section 8 of Republic Act No. 6713
provides that it is the "obligation" of an
employee to submit a sworn statement, as
the "public has a right to know" the
employee's assets, liabilities, net worth
and
financial
and
business
interests. Section 11 of the same law
prescribes the criminal and administrative
penalty for violation of any provision
thereof. Paragraph (b) of Section 11
provides that "(b) Any violation hereof
proven
in
a
proper
administrative
proceeding shall be sufficient cause for
removal or dismissal of a public official or
employee, even if no criminal prosecution
is instituted against him."
In the present case, the failure of
respondent to disclose her business
interest which she herself admitted is
inexcusable and is a clear violation of
Republic Act No. 6713.
The respondent's claim that her
contract of lease of a market stall was
never implemented because it became the
subject of a civil case, fails to convince
us. We agree with the finding of the OCA
on respondent's guilt for this separate
five
thousand
(P5,000.00) pesos, or
both. But even if no
criminal prosecution is
instituted against the
offender, the offender
can be dismissed from
the
service
if
the
violation
is
proven.
Respondent
201
file
speaks for itself.
Furthermore, respondent
should have divested
herself of her interest in
said business within sixty
(60)
days
from
her
assumption
into
(sic)
office. She has not. The
penalty
for
nondisclosure of business
interests
and
nondivestment is the same."'
(Citations omitted.)
In
her
explanation,
respondent
maintains the position that she has no
business interest, implicitly contending
that there is nothing to divulge or divest
from. As discussed above, respondent had
a business interest. We do not find her
administratively liable, however, for failure
to divest herself of the said interest. The
requirement for public officers, in general,
to divest themselves of business interests
upon assumption of a public office is
prompted by the need to avoid conflict of
interests.18 In the absence of any showing
that a business interest will result in a
conflict of interest, divestment of the
DECISION
PER CURIAM:
The instant administrative case arose
from a letter-complaint dated December 8,
1993 filed by a concerned taxpayer with
the Office of the Ombudsman, charging
Norberto V. Doblada, Jr., Sheriff IV of the
Regional Trial Court (RTC) of Pasig, Branch
155, of having acquired properties during
his incumbency as sheriff, the values of
which are manifestly out of proportion to
his salary as such public employee and to
his other lawful income or incomes from
legitimately acquired property.[1]
In an Indorsement dated August 22,
1997, the complaint was referred by the
Office of the Ombudsman to the Office of
the Court Administrator (OCA) of this
Court.[2]
Upon report and recommendation of
the OCA, dated February 8, 1999, this
Court issued a Resolution dated March 17,
1999 requiring respondent to comment on
the complaint. In the same resolution, the
National Bureau of Investigation (NBI) was
directed
to
conduct
a
discreet
investigation of this case and to submit a
report within thirty days from notice.[3]
On April 29, 1999, respondent filed his
Comment contending that aside from the
two parcels of land mentioned in the FactFinding Report of the Office of the
Ombudsman which are registered in the
name of his wife, the other real properties
mentioned in said report are not actually
Analysis
of
the
assets,
liabilities, net worth and
yearly salary of Subject for
the period 1989, 1991,
1993, 1995, 1996 and 1998
shows that there is prima
facie evidence that Subject
acquired
unexplained
wealth (Annexes I to I-13)
during his tenure as Court
Sheriff in 1995. Increase in
salary and increase in
liabilities
are
apparent.
However, increase in assets
far exceeds increase in
salary.
Net
worth
also
increased after assumption
to office as Deputy Court
Sheriff in 1977.
Subject also failed to submit
his sworn statement of
assets and liabilities for the
years 1975 to 1988, 1990,
1992, 1994 and 1997 as
said documents were not
submitted to the NBI by the
Records Control Division of
the Supreme Court.
A court order to secure the
income
tax
returns
of
Subject
NORBERTO
DOBLADA,
JR.
and
his
spouse, EDITH, who is
employed
at
the
Department of Education,
Culture and Sports, in
Binangonan,
as
Superintendent
would
determine whether Subject
had
other
legitimate
sources of income.
Subject has to justify his
acquisition
of
fishpens
acquired at P2,500,000.00
in 1993 and Civic Honda
at P435,000.00
in
1995
where his legitimate income
as
Court
Sheriff
is
at P44,652
per
annum
The
results
of
the
investigation reveal that
there is sufficient evidence
to
charge
Subject
for
violation of Sec. 2 of RA
1379 (Law of Forfeiture of
Ill-Gotten Wealth) and noncompliance with Sec. 8 of
RA 6713 (Code of Conduct
and Ethical Standards for
Public
Officials
and
Employees) for failure to
accomplish
and
submit
declarations under oath of
the assets and liabilities, net
worth and financial business
interests for the abovementioned
years
during
tenure of Subject as Court
Sheriff.[6]
assets
from P6,000.00
to P7,000,000.00 in 1995.[9]
in
1974
Section 7 of R.A.
amended, provides:
No.
3019,
as
(b)
contain
including
government-owned
controlled corporations.
and
SO ORDERED.
Davide,
Jr.,
C.J.,
Panganiban,
Quisumbing, Sandoval-Gutierrez, Carpio,
Austria-Martinez, Corona, Carpio-Morales,
Callejo,
Sr.,
Azcuna,
ChicoNazario, and Garcia, JJ., concur.
liable
as charged
and
appointed
by
the
President
as
President
received
concerned
citizen
letter
from
dated January
a
20,
which
is
apparently
DECISION
19,
2005 Decision[1] of
the
PAGC
finding
immediately
inquiry
conducted
into
the
fact-
matter
and
tecum to
the
Land
In
BIR
Datu
filed.
Transportation
compliance
Personnel
submitted
with
Division
to
the
Office
the
(LTO).
subpoena,
Chief
Estelita
PAGC
copy
of
3019
[9]
On June
sixty
same
Resolution[17] finding
record
of
Montemayor,
vehicles
to
wit:
registered
a
2001
to
Ford
date,
the
PAGC
issued
an
23,
(60)
2003,
the
CA
issued
days.[16] On September
12,
Montemayor
recommending
days
service.
the
Investigative
Philippine
Center
for
from
the
receipt
of
the
Order.
the
Office
of
the
to
through
Arthur
P.
Deputy
Executive
Autea,
issued
recommendation
moved
the
[7]
for
the
deferment
CA[14] questioning
of
the
the
PAGCs
against
him.
The
PAGC
of
the
PAGC.
The
2002
SSAL
high-priced
vehicles in breach of the
prescription of the relevant
provisions of RA No. 3019 in
relation to RA No. 6713. He
was, to be sure, afforded
ample
opportunity
to
explain his failure, but he
opted to let the opportunity
pass by.
opportunity
evidence
to
the
charges
anonymous
any
supporting
documents
and
the
was
[21]
Montemayor
matter
the
review
[22]
to
CA via a
thereto,
contrary
to
the
Aggrieved,
WHETHER
THE
ALLEGED
UNDUE
HASTE
AND
APPARENT
PRECIPITATION
OF
PROCEEDINGS
IN
[PAGC]-ADM-0149-03
letter-complaint
eventually denied.
III.
motion
WHETHER THE
MERE PENDENCY OF
CA-G.R.
SP
NO.
77285 WAS A LEGAL
GROUND
FOR
RESPONDENTS
REFUSAL
TO
PRESENT EVIDENCE
IN [PAGC]-ADM-014903.
Court.[20] The
II.
attached
Supreme
WHETHER
PETITIONER
PAGC
HAD
A
CONSTITUTIONAL
DUTY TO ACCORD
RESPONDENT
A
SECOND
OPPORTUNITY
TO
PRESENT EVIDENCE
IN PAGC-ADM-014903
AFTER
THE
EXPIRATION OF THE
TRO ISSUED IN CAG.R. SP NO. 77285.
against
to
I.
unverified
elevation
brought
petition
controverting
[18]
subsequent
present
without
its
to
WHEREFORE,
premises
considered,
respondent
Antonio F. Montemayor is
hereby
found
administratively liable as
charged
and,
as
recommended by PAGC,
meted
the
penalty
of
dismissal from the service,
with all accessory penalties.
SO ORDERED.
the
was
not
supported
by
substantial evidence.
for
As
aforesaid,
the
CA
in
its
assailed
V.
VI.
WHETHER
RESPONDENT
HAD
COMMITTED A MAJOR
ADMINISTRATIVE
INFRACTION
WARRANTING
DISMISSAL
FROM
[GOVERNMENT]
SERVICE.
WHETHER THE
[OFFICE
OF
THE
PRESIDENTS]
DETERMINATION
THAT RESPONDENT
COMMITTED
THE
ADMINISTRATIVE
OFFENSE CHARGED
IS SUPPORTED BY
SUBSTANTIAL
EVIDENCE.
WHETHER
THE
PAGC
HAD
AUTHORITY
TO
RECOMMEND TO THE
PRESIDENT
THE
PENALTY
OF
DISMISSAL,
FOLLOWING
ITS
INVESTIGATION
INITIATED
BY
AN
ANONYMOUS
COMPLAINT,
AND
DESPITE
THE
PENDENCY
OF
ANOTHER
INVESTIGATION FOR
THE SAME OFFENSE
BEFORE THE [OFFICE
OF
THE]
OMBUDSMAN.[24]
SUBSTANTIAL
EVIDENCE.
II.
III.
IV.
WHETHER
RESPONDENT
WAS
DEPRIVED OF HIS
RIGHT
TO
DUE
PROCESS WHEN IT
PROCEEDED
TO
INVESTIGATE HIM ON
THE BASIS OF AN
ANONYMOUS
COMPLAINT,
AND
ALLEGEDLY WITHOUT
AN OPPORTUNITY TO
PRESENT EVIDENCE
IN HIS DEFENSE;
WHETHER THE
PAGC
HAS
THE
AUTHORITY
TO
RECOMMEND
RESPONDENTS
DISMISSAL
FROM
THE SERVICE;
WHETHER
THE
ASSUMPTION BY THE
OFFICE
OF
THE
OMBUDSMAN OF ITS
JURISDICTION
TO
INVESTIGATE
RESPONDENT
FOR
THE SAME OFFENSE
DEPRIVED THE PAGC
[WITH
ITS
JURISDICTION] FROM
PROCEEDING
WITH
ITS INVESTIGATION;
AND
WHETHER
THE
PAGCS
RECOMMENDATION
WAS SUPPORTED BY
hear
provided
(1)
investigated
administrative
complaints
that
the
official
must
be
to
be
presidential
contends
that
he
was
disciplinary power.
Respondent
question
supporting
determined.
documents
attached
to
the
also
assails
the
PAGCs
in
giving
due
course
to
is
probable
cause.
The
clear
the
Presidents
corruption
PAGC
in
line
objective
among
government
of
with
eradicating
particular
officials, i.e.,
the
those
line
of
directly
will
based
be
on
very
anonymous
limited. It
will
the
principal
on
action[29] until
jurisdiction
is
the
finally
over
the
pendency
of
CA.
The
filing
of
petition
finding
Montemayor
precipitation
in
investigation proceedings.
[30]
the
PAGCs
It notes with
in
the
special
civil
action
PAGCs
PAGC
informing
of
or
for
gave
government
officials.
conference,
act
resolution
of
issuing
enjoys
the
personnel
the
assailed
presumption
and
issued
order
answer.[34] When
verified
an
an
extension,
the
the
said
PAGC
the
was
again
resolution
documentary
administrative
proceedings
is
an
[37]
the
basis
evidence
of
available
on
record.
recommendations
remain
as
the
Office
Montemayor,
of
therefore,
merely
recommendation,
had
the
had
President.
two
(2)
already
administrative
against
him
by
and
criminal
the
Office
cases
of
the
15,
paragraph
(1)
of RA
No.
is
6770
in his defense.
[33]
resolution
preliminary
Montemayor
on
assailed
against him.[40]
We are still not persuaded.
2001
Montemayor.[41] More
the
under
filing
the
December
the P1,251,675.00
findings
which
Presidents
dismiss
to
the
Montemayor,
cases
and
against
him
by
recommendations
decision
President
of
to
its
concurrent
how
the
through
property
was
therefore,
chattel
is significantly greater
vehicle
of
acquired
Expedition
[44]
was
Ford
acquired.
cannot
escape
was P1,599,000.00
[47]
machinery/equipment,
31,
2001,[45] and
worth
of
to
machinery/
cognizance
said
[48]
over
the
matter.
The
vehicle
was
acquired
only
on
[42]
Montemayor
the
to dismiss
vehicle
in favor of petitioners.
PAGCs
recommendation
need
was
to
sold
declare
argues
to
it
that
even
another
in
his
if
person
2001
[49]
in
compliance
policy
promote
government,[50] and
to
with
eradicate
transparency
ensure
the
that
in
SO ORDERED.
government
- versus -
to
reasonable
administrative
regulations.
Montemayors
repeated
and
consistent
G.R
Pre
service.
all
EN BANC
COR
CAR
VEL
LEO
BRI
PER
BER
DEL
ABA
VIL
PER
MEN
SER
REY
PER
Pro
Oct
Merry
Advance
As a concerned citizen
of my beloved country, I
would like to ask from you
personally if it is just alright
for an employee of your
agency to be a lawyer of an
accused
govt
employee
having a pending case in
the csc. I honestly think this
is a violation of law and
unfair to others and your
office.
I have known that a person
have been lawyered by one
of your attorny in the region
4 office. He is the chief of
the Mamamayan muna hindi
mamaya na division. He
have been helping many
who have pending cases in
the Csc. The justice in our
govt system will not be
served
if
this
will
continue. Please investigate
this anomaly because our
perception of your clean
and good office is being
tainted.
Concerned Govt employee[3]
power
pertaining
solely
to
the
court. Petitioner reiterated that he never
aided any people with pending cases at
the CSC and alleged that those files found
in his computer were prepared not by him
but by certain persons whom he
permitted, at one time or another, to make
use of his computer out of close
association or friendship. Attached to the
motion were the affidavit of Atty. Ponciano
R. Solosa who entrusted his own files to be
kept at petitioners CPU and Atty. Eric N.
Estrellado, the latter being Atty. Solosas
client who attested that petitioner had
nothing to do with the pleadings or bill for
legal fees because in truth he owed legal
fees to Atty. Solosa and not to
petitioner. Petitioner contended that the
case should be deferred in view of the
prejudicial question raised in the criminal
complaint he filed before the Ombudsman
against
Director
Buensalida,
whom
petitioner believes had instigated this
administrative case. He also prayed for
the lifting of the preventive suspension
imposed on him. In its Resolution No.
070519[12] dated March 19, 2007, the CSC
denied the omnibus motion. The CSC
resolved to treat the said motion as
petitioners answer.
On March 14, 2007, petitioner filed
an Urgent Petition[13] under Rule 65 of the
Rules of Court, docketed as CA-G.R. SP No.
98224, assailing both the January 11,
warrant
requirement
under
the
Constitution. With
the
matter
of
admissibility of the evidence having been
resolved, the CSC then ruled that the
totality of evidence adequately supports
the
charges
of
grave
misconduct,
dishonesty, conduct prejudicial to the best
interest of the service and violation of R.A.
No. 6713 against the petitioner. These
grave infractions justified petitioners
dismissal from the service with all its
accessory penalties.
In his Memorandum[24] filed in the
CA, petitioner moved to incorporate the
above resolution dismissing him from the
service in his main petition, in lieu of the
filing of an appeal via a Rule 43 petition. In
a subsequent motion, he likewise prayed
for the inclusion of Resolution No.
071800[25] which denied his motion for
reconsideration.
By Decision dated October 11,
2007, the CA dismissed the petition for
certiorari after finding no grave abuse of
discretion committed by respondents CSC
officials. The CA held that: (1) petitioner
was not charged on the basis of the
anonymous letter but from the initiative of
the CSC after a fact-finding investigation
was conducted and the results thereof
yielded a prima facie case against him; (2)
it could not be said that in ordering the
back-up of files in petitioners computer
and
later
confiscating
the
same,
Chairperson David had encroached on the
authority of a judge in view of the CSC
computer policy declaring the computers
as
government
property
and
that
employee-users
thereof
have
no
reasonable expectation of privacy in
anything they create, store, send, or
receive on the computer system; and (3)
there is nothing contemptuous in CSCs act
of
proceeding
with
the
formal
investigation as there was no restraining
order or injunction issued by the CA.
His motion for reconsideration
having been denied by the CA, petitioner
brought this appeal arguing that
I
THE HONORABLE COURT OF
APPEALS
GRIEVOUSLY
ERRED AND COMMITTED
SERIOUS
IRREGULARITY
AND BLATANT ERRORS IN
LAW AMOUNTING TO GRAVE
ABUSE
OF
DISCRETION
WHEN IT RULED THAT
ANONYMOUS COMPLAINT IS
ACTIONABLE UNDER E.O.
292 WHEN IN TRUTH AND IN
FACT THE CONTRARY IS
EXPLICITLY
PROVIDED
UNDER 2nd PARAGRAPH OF
SECTION
8
OF
CSC
RESOLUTION NO. 99-1936,
WHICH IS AN [AMENDMENT]
TO THE ORIGINAL RULES
PER CSC RESOLUTION NO.
94-0521;
II
THE HONORABLE COURT
GRIEVOUSLY ERRED AND
COMMITTED
PALPABLE
ERRORS
IN
LAW
AMOUNTING
TO
GRAVE
ABUSE
OF
DISCRETION
WHEN IT RULED THAT
PETITIONER
CANNOT
INVOKE HIS RIGHT TO
PRIVACY,
TO
UNREASONABLE
SEARCH
AND
SEIZURE,
AGAINST
SELF-INCRIMINATION,
BY
VIRTUE
OF
OFFICE
MEMORANDUM
NO.
10
S. 2002, A MERE INTERNAL
MEMORANDUM
SIGNED
SOLELY AND EXCLUSIVELY
BY RESPONDENT DAVID AND
NOT BY THE COLLEGIAL
COMMISSION CONSIDERING
THAT POLICY
MATTERS
INVOLVING SUB[S]TANTIAL
RIGHTS
CANNOT
BE
COVERED BY AN OFFICE
MEMORANDUM WHICH IS
LIMITED TO PROCEDURAL
AND
ROUTINARY
INSTRUCTION;
III
THE HONORABLE COURT
GRAVELY
ERRED
AND
COMMITTED GRAVE ABUSE
OF DISCRETION WHEN IT
RULED THAT MEMO SEARCH
DATED JANUARY 3, 2007
AND
THE
TAKING
OF
DOCUMENTS
IN
THE
EVENING THEREOF FROM
7:00 TO 10:00 P.M. IS NOT
GRAVE
ABUSE
OF
DISCRETION LIMITING THE
DEFINITION
[OF]
GRAVE
ABUSE OF DISCRETION TO
ONE
INVOLVING
AND
TAINTED WITH PERSONAL
HOSTILITY. IT
LIKEWISE ERRED IN
HOLDING
THAT DATA
STORED
IN
THE
GOVERNMENT COMPUTERS
ARE
GOVERNMENT
PROPERTIES INCLUDING THE
PERSONAL FILES WHEN THE
CONTRARY IS PROVIDED
UNDER SECTION 14 OF OM.
10
s.
2002.
AND
GRIEVOUSLY ERRED STILL
WHEN IT RULED THAT
RESPONDENT
DAVID
BY
VIRTUE OF O.M. 10 DID NOT
ENCROACH ON THE DUTIES
AND FUNCTIONS OF A
JUDGE
PURSUANT
TO
ARTICLE III, SECTION 2 OF
THE
1987
PHILIPPINE
CONSTITUTION;
IV
THE HONORABLE COURT
ERRED WHEN IT FAILED TO
CONSIDER ALL OTHER NEW
ARGUMENTS,
ADDITIONAL
EVIDENCE
HEREUNTO
SUBMITTED AS WELL AS ITS
FAILURE TO EVALUATE AND
TAKE ACTION ON THE 2
MOTIONS TO ADMIT AND
INCORPORATE
CSC
RESOLUTION NOS. 07-1420
DATED JULY 24, 2007 AND
CSC RESOLUTION 07-1800
DATED
SEPTEMBER
10,
2007. IT DID NOT RULE
LIKEWISE ON THE FOUR
URGENT
MOTION
TO
RESOLVE
ANCILLARY
PRAYER FOR TRO.[26]
Squarely raised by the petitioner is the
legality of the search conducted on his
office computer and the copying of his
personal files without his knowledge and
consent, alleged as a transgression on his
constitutional right to privacy.
The right to privacy has been
accorded recognition in this jurisdiction as
a facet of the right protected by the
guarantee against unreasonable search
and seizure under Section 2, Article III of
the 1987 Constitution,[27] which provides:
SEC. 2. The right of
the people to be secure in
their
persons,
houses,
papers, and effects against
unreasonable searches and
seizures of whatever nature
and for any purpose shall be
inviolable, and no search
warrant or warrant of arrest
shall issue except upon
probable
cause
to
be
determined personally by
the judge after examination
under oath or affirmation of
the complainant and the
witnesses he may produce,
and particularly describing
the place to be searched
and the persons or things to
be seized.
and
the
witnesses he
may produce,
and
particularly
describing the
place to be
searched, and
the
persons
or things to
be
seized.
(Sec.
1[3],
Article III)
was in turn derived almost
verbatim from the Fourth
Amendment to the United
States Constitution. As such,
the Court may turn to the
pronouncements
of
the
United
States
Federal
Supreme Court and State
Appellate Courts which are
considered doctrinal in this
jurisdiction.[30]
Court
categorically
declared
that
[i]ndividuals
do
not
lose
Fourth
Amendment rights merely because they
work for the government instead of a
private employer.[35] A plurality of four
Justices concurred that the correct
analysis has two steps: first, because
some government offices may be so open
to fellow employees or the public that no
expectation of privacy is reasonable, a
court must consider [t]he operational
realities of the workplace in order to
determine whether an employees Fourth
Amendment rights are implicated; and
next, where an employee has a legitimate
privacy
expectation,
an
employers
intrusion
on
that
expectation
for
noninvestigatory, work-related purposes,
as well as for investigations of workrelated misconduct, should be judged by
the standard of reasonableness under all
the circumstances.[36]
On the matter of government employees
reasonable expectations of privacy in their
workplace, OConnor teaches:
x
x
x
Public
employees expectations of
privacy in their offices,
desks, and file cabinets, like
similar
expectations
of
employees in the private
sector, may be reduced by
virtue
of
actual
office
practices and procedures, or
by legitimate regulation. x x
x
The
employees
addressed on a case-bycase
basis.[37] (Citations
omitted;
emphasis
supplied.)
became a
matter. x x x
constitutional
xxxx
The
governmental
interest
justifying
workrelated intrusions by public
employers is the efficient
and proper operation of the
workplace. Government
agencies provide myriad
services to the public, and
the work of these agencies
would suffer if employers
were required to have
probable cause before they
entered an employees desk
for the purpose of finding a
file or piece of office
correspondence. Indeed, it
is difficult to give the
concept of probable cause,
rooted as it is in the criminal
investigatory context, much
meaning when the purpose
of a search is to retrieve a
file
for
work-related
reasons. Similarly,
the
concept of probable cause
has little meaning for a
routine inventory conducted
by public employers for the
purpose of securing state
property. x x x To ensure the
efficient
and
proper
operation of the agency,
therefore, public employers
must be given wide latitude
to enter employee offices
for
work-related,
noninvestigatory reasons.
We come to a similar
conclusion
for
searches
conducted pursuant to an
investigation of work-related
employee misconduct. Even
when employers conduct an
investigation, they have an
interest
substantially
different from the normal
need for law enforcement. x
x x Public employers have
an interest in ensuring that
their agencies operate in an
effective
and
efficient
manner, and the work of
these agencies inevitably
suffers from the inefficiency,
incompetence,
mismanagement, or other
work-related misfeasance of
its employees. Indeed, in
many
cases,
public
employees are entrusted
with
tremendous
responsibility,
and
the
consequences
of
their
misconduct
or
incompetence to both the
agency and the public
interest can be severe. In
contrast to law enforcement
officials, therefore, public
employers are not enforcers
of the criminal law; instead,
public employers have a
direct
and
overriding
interest in ensuring that the
work of the agency is
conducted in a proper and
efficient
manner. In
our
view, therefore, a probable
cause requirement for
searches of the type at
issue here would impose
intolerable burdens on
public
employers. The
delay in correcting the
employee
misconduct
caused by the need for
all
the
circumstances. Under this
reasonableness
standard, both
the
inception and the scope
of the intrusion must be
reasonable:
Determining
the
reasonablene
ss
of
any
search
involves
a
twofold
inquiry: first,
one
must
consider
whether
theaction was
justified at its
inception, x x
x
; second,
one
must
determine
whether the
search
as
actually
conducted
was
reasonably
related
in
scope to the
circumstance
s
which
justified
the
interference
in the first
place, x x x
Ordinarily, a search
of an employees office
by a supervisor will be
justified at its inception
when
there
are
reasonable grounds for
suspecting
that
the
search
will
turn
up
evidence
that
the
employee is guilty of
work-related
misconduct, or that the
search is necessary for a
noninvestigatory
workrelated purpose such as
to retrieve a needed file. x x
x The search will be
permissible in its scope
when
the
measures
adopted are reasonably
related to the objectives
of the search and not
excessively intrusive in
light of the nature of the
[misconduct].
x
x
x[39] (Citations
omitted;
emphasis supplied.)
regardless
of
whether
Simons
subjectively
believed that the files he
transferred
from
the
Internet were private, such
a belief was not objectively
reasonable
after
FBIS
notified him that it would be
overseeing
his
Internet
use. x x x Accordingly, FBIS
actions
in
remotely
searching and seizing the
computer
files
Simons
downloaded
from
the
Internet did not violate the
Fourth Amendment.
xxxx
The burden is on
Simons to prove that he
had
a
legitimate
expectation of privacy in
his office. x x x Here,
Simons has shown that he
had an office that he did not
share. As noted above, the
operational
realities
of
Simons workplace may have
diminished his legitimate
privacy
expectations. However,
there is no evidence in the
record of any workplace
practices, procedures, or
regulations that had such an
effect. We
therefore
conclude that, on this
record, Simons possessed
a legitimate expectation
of privacy in his office.
xxxx
this
employees
supervisor
entering
the
employees
government
office
and
retrieving
a
piece
of
government equipment in
which the employee had
absolutely no expectation of
privacy equipment that the
employer knew contained
evidence
of
crimes
committed by the employee
in the employees office. This
situation may be contrasted
with one in which the
criminal
acts
of
a
government employee were
unrelated
to
his
employment. Here,
there
was a conjunction of the
conduct that violated the
employers policy and the
conduct that violated the
criminal law. We consider
that FBIS intrusion into
Simons office to retrieve the
hard drive is one in which a
reasonable employer might
engage. x x x[42] (Citations
omitted;
emphasis
supplied.)
intrusion
of
The Computer
Resources are
the
property of the Civil
Service
Commission
and may be used only
for legitimate business
purposes.
2.
Users shall
be
permitted
access
to Computer
Resources to assist them
in the performance of
their respective jobs.
3.
xxxx
No
Expectation
Privacy
4. No
of
expectation
of
privacy. Users except
the Members of the
Commission shall not
have an expectation of
privacy in anything
they
create,
store,
send, or receive on the
computer system.
The Head of the Office for
Recruitment,
Examination
and
Placement shall select
and
assign Users to
handle the confidential
examination data and
processes.
5. Waiver
of
privacy
rights. Users expressly
waive any right to
privacy
in anything
they
create,
store,
send, or receive on the
computer through the
Internet or any other
computer
network.Users underst
and that the CSC may
use
human
or
automated
means
to monitor the use
of
its Computer
Resources.
6. Non-exclusivity
of
Computer
Resources. A computer
resource
is not
a
personal property or
for the exclusive use
of a User to whom a
memorandum
of
receipt (MR) has been
issued. It
can
be
shared or operated by
other users. However,
he
is
accountable
therefor
and
must
and
regardless of whether
those materials have
been encoded with a
particular Users passw
ord. Only members of
the Commission shall
authorize
the
application of the said
global passwords.
xxxx
Passwords
12. Responsibility
for
passwords. Users shall
be
responsible
for
safeguarding
their
passwords for access
to
the
computer
system. Individual
passwords shall not be
printed, stored online,
or
given
to
others. Users shall be
responsible
for
all
transactions
made
using
their
passwords. No
User
may
access
the
computer system with
another
Users
password or account.
13. Passwords do not imply
privacy. Use
of
passwords
to
gain
access
to
the
computer system or to
encode particular files
or messages does not
imply that Users have
an
expectation
of
privacy in the material
they create or receive
on
the
computer
system.
The
Civil
Service
Commission
has global passwords
that permit access to
all materials stored on
its
networked
computer
system
x
x
x[47] (Emphasis
supplied.)
Service
Commission
Regional
Office
IV
(CSCRO IV) such as,
staff
working
in
another
government
agency, selling cases
and aiding parties with
pending
cases,
all
done
during
office
hours and involved
the use of government
properties;
9. That said text messages
were not investigated
for
lack
of
any
verifiable leads and
details sufficient to
warrant
an
investigation;
10. That the anonymous
letter provided the
lead and details as it
pinpointed
the
persons and divisions
involved in the alleged
irregularities
happening in CSCRO
IV;
11. That in view of the
seriousness
of
the
allegations
of
irregularities
happening in CSCRO
IV and its effect on the
integrity
of
the
Commission, I decided
to form a team of
Central Office staff to
back up the files in the
computers
of
the
Public Assistance and
Liaison Division (PALD)
and Legal Division;
x x x x[50]
a government employer
and
that
it
was
undertaken
in
connection
with
an
investigation involving a
work-related misconduct,
one of the circumstances
exempted from the warrant
requirement. At
the
inception of the search, a
complaint
was
received
recounting that a certain
division chief in the CSCRO
No. IV was lawyering for
parties
having
pending
cases with the said regional
office
or
in
the
Commission. The nature of
the
imputation
was
serious,
as
it
was
grievously disturbing. If,
indeed, a CSC employee
was found to be furtively
engaged in the practice of
lawyering for parties with
pending cases before the
Commission would be a
highly repugnant scenario,
then such a case would
have
shattering
repercussions. It
would
undeniably cast clouds of
doubt upon the institutional
integrity of the Commission
as a quasi-judicial agency,
and in the process, render it
less effective in fulfilling its
mandate as an impartial
and objective dispenser of
administrative justice. It is
settled that a court or an
administrative tribunal must
not
only
be
actually
impartial but must be seen
to be so, otherwise the
general public would not
have
any
trust
confidence in it.
and
Considering
the
damaging nature of the
accusation,
the
Commission had to act
fast, if only to arrest or limit
any
possible
adverse
consequence
or
fallout. Thus, on the same date
that the complaint was
received, a search was
forthwith
conducted
involving
the
computer
resources in the concerned
regional office. That it was
the computers that were
subjected to the search
was justified since these
furnished
the
easiest
means for an employee
to encode and store
documents. Indeed, the
computers would be a
likely starting point in
ferreting
out
incriminating evidence.
Concomitantly,
the
ephemeral
nature
of
computer files, that is,
they could easily be
destroyed at a click of a
button,
necessitated
drastic and immediate
action. Pointedly,
to
impose the need to comply
with the probable cause
requirement
would
invariably
defeat
the
purpose of the wok-related
investigation.
Worthy to mention,
too, is the fact that the
Commission effected the
warrantless search in an
open
and
transparent
manner. Officials and some
employees of the regional
office, who happened to be
in the vicinity, were on hand
to observe the process until
its completion. In addition,
the respondent himself was
duly notified, through text
messaging, of the search
and
the
concomitant
retrieval of files from his
computer.
All
in
all,
the
Commission is convinced
that the warrantless search
done on computer assigned
to Pollo was not, in any way,
vitiated
with
unconstitutionality. It was a
reasonable exercise of the
managerial prerogative of
the Commission as an
employer aimed at ensuring
its operational effectiveness
and efficiency by going after
the
work-related
misfeasance
of
its
employees. Consequently,
the evidence derived from
the questioned search are
deemed admissible.[53]
Having
determined
that
the
personal files copied from the office
computer of petitioner are admissible in
the administrative case against him, we
now proceed to the issue of whether the
CSC was correct in finding the petitioner
guilty of the charges and dismissing him
from the service.
Well-settled is the rule that the
findings of fact of quasi-judicial agencies,
like the CSC, are accorded not only
respect but even finality if such findings
are supported by substantial evidence.
Substantial evidence is such amount of
relevant evidence which a reasonable
mind might accept as adequate to support
a conclusion, even if other equally
reasonable minds might conceivably opine
otherwise.[55]
The CSC based its findings on
evidence consisting of a substantial
number of drafts of legal pleadings and
documents stored in his office computer,
as well as the sworn affidavits and
testimonies of the witnesses it presented
during the formal investigation. According
to the CSC, these documents were
confirmed to be similar or exactly the
same content-wise with those on the case
records of some cases pending either with
CSCRO
No.
IV, CSC-NCR or
the
Commission Proper. There were also
substantially similar copies of those
GRIO-AQUINO, J.:
The issue in this special civil action
of certiorari and
prohibition
is
the
jurisdiction of respondent Judge of the
Regional Trial Court of Oriental Mindoro to
stop the provincial governor from placing
a municipal mayor under preventive
suspension pending the investigation of
administrative charges against the latter.
On April 11, 1991, one Ramir Garing of
Naujan, Oriental Mindoro, filed a sworn
letter-complaint with Secretary Luis Santos
of the Department of Interior and Local
Government
charging Mayor Nelson
Melgar of Naujan, Oriental Mindoro, with
grave misconduct, oppression, abuse of
authority, culpable violation of the
Constitution and conduct prejudicial to the
best interest of the public service. The
charge against Mayor Melgar reads:
Meanwhile,
pursuant
to
the
recommendation of the Sangguniang
Panlalawigan in its Resolution No. 55,
Governor Espiritu placed Mayor Melgar
under preventive suspension on May 28,
1991 on the ground that:
. . . there is reasonable
ground to believe that
respondent Mayor Nelson B.
Melgar of Naujan, Oriental
Mindoro, has committed the
acts stated in the complaint
and
affidavit
of
Ramir
Garing and corroborated by
the affidavits (Exhibits A, C
& D) of his witnesses,
namely: Lydia V. Garing,
Nelson Tabor and Javier
Dagdagan, all of Poblacion
II, Naujan, Oriental Mindoro.
(p. 63, Rollo)
On June 3, 1991, Mayor Melgar received
the Order of Suspension (Annex "M", p.
63, Rollo). He forthwith filed a "Petition
for Certiorari with Preliminary Injunction
with prayer for Restraining Order" in the
Regional Trial Court of Oriental Mindoro
(Spl. Civil Action No. R-5003) alleging that
"the order of suspension was an arrogant,
despotic and arbitrary abuse of power" by
the Governor (pp. 68-69, Rollo).
On June 24, 1991, RTC Judge Virola issued
a writ of preliminary injunction enjoining
Governor Espiritu from implementing the
Order of suspension against Mayor Melgar
for:
c) By express provision of
Section 61 of the Local
Government
Code,
the
Sangguniang Panlalawigan
has
jurisdiction
over
complaints
against
any
elective municipal official;
on the other hand, Section
19(c)
of
the
Judiciary
Reorganization Act of 1980
withdraws from regional
trial courts jurisdiction over
cases within the exclusive
jurisdiction of any person,
tribunal or body exercising
judicial
or
quasi-judicial
functions.
Thus,
by
practically
deciding
the
administrative case on the
merits, the respondent court
acted without jurisdiction;
and
d) Respondent Mayor had a
remedy of appeal under
Section 66 of the Local
Government Code.
the
Local
Sec.
63.
Preventive
Suspension.
(1)
Preventive suspension may
be imposed by the Minister
of Local Government if the
respondent is a provincial or
city
official,
by
the
provincial governor if the
respondent is an elective
municipal official, or by the
city or municipal mayor if
the
respondent
is
an
elective barangay official.
(2) Preventive suspension
may be imposed at anytime
after the issues are joined,
when there is reasonable
ground to believe that the
respondent has committed
the act or acts complained
of, when the evidence of
culpability is strong, when
the gravity of the offense so
warrants, or when the
continuance in office of the
respondent could influence
the witnesses or pose a
threat to the safety and
integrity of the records and
other evidence. In all cases,
preventive suspension shall
not extend beyond sixty
days after the start of said
suspension.
September
NIETO
A.
RACHO, Petitioner,
vs.
HON. PRIMO C. MIRO, in his capacity
as Deputy Ombudsman for the
Visayas, HON. VIRGINIA PALANCASANTIAGO,
in
her
capacity
as
Ombudsman
Director,
and
HON.
ANTONIO T. ECHAVEZ, in his capacity
Connections;
and
Identification
of
Relatives In The Government Service, as of
December 31, 1999, by stating therein
that his cash in bank is only FIFTEEN
THOUSAND
PESOS
(P15,000.00),
Philippine Currency and that his assets
minus his liabilities amounted only to TWO
HUNDRED THREE THOUSAND SEVEN
HUNDRED
FIFTY
EIGHT
PESOS
(P203,758.00), Philippine Currency, when
in truth and in fact, said accused has
BANK DEPOSITS or cash in banks
amounting to FIVE MILLION SEVEN
HUNDRED NINETY THREE THOUSAND
EIGHT HUNDRED ONE PESOS and 39/100
(P5,793,801.39),10 Philippine Currency, as
herein shown:
1) Metropolitan Bank and Trust
Company Cebu, Tabunok Branch:
Unisa No.
Amount
3-172-941-10
P1,983,554.45
3-172-941-11
949,341.82
Total -
P2,932,896.27
2)
Philippine
Commercial
International Bank Magallanes
Branch, Cebu City:
Account No.
Amount
Equalizer 29449-29456
P1,000,000.0
0
P1,228,702.5
3
Amount
1023- P1,632,282.5
9
SO RESOLVED.16
WHETHER
OR
NOT
HEREIN
PETITION[ER] WAS DENIED DUE
PROCESS
OF
LAW
IN
THE
SUPPOSED "REINVESTIGATION";
II.
III.
WHETHER OR NOT RESPONDENT
OMBUDSMAN DIRECTOR, AS WELL
AS
RESPONDENT
DEPUTY
OMBUDSMAN FOR THE VISAYAS
WHO SANCTIONED HER DEED,
COMMITTED GRAVE ABUSE OF
DISCRETION EQUIVALENT TO LACK
OR IN EXCESS OF JURISDICTION
WHEN
SHE
HELD
THAT
PETITIONERS
MOTION
FOR
RECONSIDERATION
DID
NOT
ADDUCE
PROOF
OF
ANY
IRREGULARITY
IN
THE
"REINVESTIGATION"; AND
IV.
WHETHER OR NOT BY REASON OF
THIS
HONORABLE
COURTS
INHERENT POWER TO DO ALL
THINGS REASONABLY NECESSARY
FOR THE ADMINISTRATION OF
JUSTICE, EVEN IF NOT PRAYED FOR
establishment
and
operation.
Even
assuming that said businesses exist,
petitioner should have similarly reported
his interests therein in his SALN.
Petitioner argues that his culpability
should not be ascertained on the basis of
photocopied bank certifications. Apparent
from the records, however, is the
Order35 dated August 27, 2004 of the OMB
which required petitioner to comment on
the certified true copies of bank
certifications issued by BPI and Equitable
PCIB. All the same, even if we exclude his
deposit in Metrobank, a significant
disparity between his declared cash on
hand of P15,000 and cash in bank
of P2,860,985.12 subsists when compared
to his total bank deposits duly certified for
the same year.
Indeed, the determination of probable
cause need not be based on clear and
convincing evidence of guilt, neither on
evidence establishing absolute certainty of
guilt.36 It is enough that it is believed that
the act or omission complained of
constitutes the offense charged. The trial
of a case is conducted precisely for the
reception of evidence of the prosecution in
support of the charge.37 A finding of
probable cause merely binds the suspect
to stand trial. It is not a pronouncement of
guilt.38
Moreover, we are unable to agree with
petitioners contention that he was denied
due process when no hearing was
conducted
on
his
motion
for
reinvestigation. In De Ocampo v. Secretary
of Justice,39we ruled that a clarificatory
hearing is not required during preliminary
investigation.
Rather
than
being
mandatory, a clarificatory hearing is
optional on the part of the investigating
decision acquitting
offense charged.
petitioner
of
the
BELLOSILLO, J.:
Petitioner comes to us on a petition for
review on certiorari of the decision of 23
July 1985 of respondent Commission on
Audit (COA) denying his claim for payment
of back wages, after he was reinstated to
the service pursuant to an executive
clemency. He prays for the extraordinary
remedy
of mandamus against
public
respondents to enforce his claim.
Consequently,
petitioner
sought
reinstatement to his former position
in view of his acquittal in the criminal
case. In an indorsement dated 7 April
1980, petitioner's request to be reinstated
was
denied
by
the
Bureau
of
Telecommunications. Hence, petitioner
pleaded to the President of the Philippines
for executive clemency.
On 26 August 1981, acting on the
favorable indorsements of the then
Ministry
of
Transportation
and
Communications and the Civil Service
Commission,
Deputy
Presidential
Executive Assistant Joaquin T. Venus, Jr.,
by authority of the President, per
Resolution
No.
O.P.
1800,
granted
executive clemency to petitioner.
Petitioner thereafter filed with respondent
COA a claim for payment of back salaries
effective 1 April 1975, the date of his
dismissal from the service. This was
denied by the COA in its 5th Indorsement
dated 12 October 1982 on the ground that
the executive clemency granted to him did
not provide for the payment of back
salaries and that he has not been
reinstated in the service.
It appears that petitioner was recalled to
the service on 12 March 1984 but the
records do not show whether petitioner's
reinstatement was to the same position of
Supervising Lineman. 1
Cruz, Grio-Aquino,
Quiason, JJ., concur.
SO ORDERED.
Davide,
Jr.
and