Professional Documents
Culture Documents
against
ISRAEL R. NAVORA,
Administrative Aide VI, RTC-La Union,
Respondent.
x--------------------------x
POSITION PAPER
(of Respondent)
The formal charge also directed the respondent to file his Answer to the
above charges in writing under oath within ten (10) calendar days from
receipt.
THE PARTIES
Complainant TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY (TESDA) is a government agency tasked
to manage and supervise technical education and skills development
(TESD) in the Philippines. It was created by virtue of Republic Act 7796,
otherwise known as the “Technical Education and Skills Development Act
of 1994”.1
STATEMENT OF FACTS
To the recollection of the respondent, he never participated in any
bidding for one (1) lot labor for the repair and maintenance of Service
Vehicle with Plate No. SFR-518 Revo last November 2016 or any other date
for that matter. The respondent was shocked when he received his Formal
Charge for Grave Misconduct. Attached to the formal charge is a Price
Canvass dated November 14, 2016 attached to this position paper as Annex
“B” purportedly made by him. This is the reason for the said misconduct.
Without delay, respondent filed his answer to clear his name on the said
fictitious bidding incident.
ISSUE
DISCUSSION
Misconduct is defined as an intentional wrongdoing or a deliberate
violation of a rule of law or standard of behaviour, especially by a
government official.2 On another, it is the transgression of some
established and definite rule of action, more particularly, unlawful
behaviour or gross negligence by a public officer.3 The conduct is grave if
it involves any of the additional elements of corruption, willful intent to
violate the law or to disregard established rules which must be proved
by substantial evidence.4 (Emphasis supplied)
To begin with, the offense charged arose from a bidding initiated and
conducted by TESDA-CAR involving the repair and maintenance of one of
its service vehicle for which the respondent allegedly participated in. The
Price Canvass (Annex B) allegedly prepared by the respondent as it bear
his name and signature is the evidence presented by TESDA to prove its
claim. Participation in government sponsored bidding per se is not a
misconduct but the charge said that it is misconduct and grave at that
because it violates Section 7 (2) of Republic Act No. 6713 otherwise known
as the “Code of Conduct and Ethical Standards for Public Officials and
Employees”, to wit:
2
Vertudes v. Buenaflor, G.R. No. 153166, December 16, 2005, 478 SCRA 210, 233
3
National Power Corporation v. Olandesca, G.R. No. 171434, April 28, 2010, 619 SCRA 264, 273-274.
4
Civil Service Commission v. Ledesma, G.R. No. 154521, September 30, 2005, citing BIR v. Organo, 424 SCRA 9 and
CSC v. Lucas, 361 Phil. 486 (1999).
These prohibitions shall continue to apply for a period of one (1) year
after resignation, retirement, or separation from public office, except
in the case of subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in connection with any
matter before the office he used to be with, in which case the one-year
prohibition shall likewise apply.
5
Rule 133, Section 5 of the Rules of Court.
6
Resngit-Marquez v. Llamas, Jr., 434 Phil. 124 (2002); Mariano v. Roxas, 434 Phil. 742 (2002).
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Office to dismiss the administrative case for grave misconduct
against Israel Navora.
Other just and equitable reliefs under the premises are likewise
prayed for.
GILBERT R. HUFANA
Public Attorney II
Roll No. 61392; March 27, 2012
IBP No. 1068461; December 27, 2017; IBP La Union Chapter
MCLE Compliance No. V-0002509; May 29, 2014
JEFFREY M. AGTARAP
Public Attorney III/
District Public Attorney - SFCLU DO
Roll No. 55673; May 2, 2008; Manila
IBP No. 01819; January 5, 2018; IBP Baguio-Benguet Chapter
MCLE Compliance No. V-0005062; December 22, 2014
2. That I further certify that: (a) I have not theretofore commenced any
other action or proceeding or filed any claim involving the same
issues or matter in any court, tribunal, or quasi-judicial agency and,
to the best of my knowledge, no such action or proceeding is pending
therein; (c) if I should thereafter learn that the same or similar action
or proceeding has been filed or is pending before the Supreme Court,
the Court of Appeals, or any other tribunal or quasi-judicial agency, I
undertake to report such fact within five (5) days therefrom to the
court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.
ISRAEL R. NAVORA
Affiant