SUPREME COURT First Division Respondents failed to abide by the Constitutionally-
prescribed principle of accountability of public
G.R. No. 220700, July 10, 2017 officers. As correctly observed by the Ombudsman, OFFICE OF THE DEPUTY OMBUDSMAN FOR while respondents claim that the money received LUZON, Petitioner, v EUFROCINA CARLOS from the complainants in connection with the lease DIONISIO AND WINIFREDO SALCEDO were spent for public purposes, they failed to submit MOLINA, Respondents. official receipts and other documents that would support their claim. Facts: Complainants filed a complaint before the Ombudsman accusing respondents and their six (6) Respondents failed to comply with the requirements co-teachers of violating Section 3 (e) of RA 3019 for of RA 9184,66 otherwise known as the "Government causing undue injury to them (complainants) in the Procurement Reform Act" which mandates that all discharge of their public duties through manifest bad government procurement must be done through faith. Complainants inquired with Dionisio if they competitive bidding. could lease a portion of the school grounds to open a Rule of Law or Legal Principle Applied: drug store. Dionisio purportedly confirmed that she could facilitate the lease agreement, provided that 1. Mira v. Vda. de Erederos, 721 Phil. 772, 784 instead of the P120,000.00 annual rent, only (2013) - "findings of fact by the Office of the P36,000.00 will be recorded and the same should be Ombudsman are conclusive when supported by in the guise of a donation. She also conveyed to substantial evidence"58 - or "such relevant evidence complainants that the monthly rent for five (5) years as a reasonable mind may accept as adequate to amounting to P600,000.00 should be paid in support a conclusion. The requirement is satisfied advance, and that complainants should donate where there is reasonable ground to believe that the P700,000.00 to the Teachers' Association. petitioner is guilty of the act or omission complained Complainants began the construction of their drug of, even if the evidence might not be overwhelming." store but barely a month later, Dionisio informed them that the area beside their drug store will be 2. Commission on Elections v. Mamalinta, G.R. No. leased to another drug store. 226622, March 14, 2017 - "Misconduct is a transgression of some established and definite rule of The Ombudsman, inter alia, found herein action, more particularly, unlawful behavior or gross respondents guilty of Simple Misconduct. Upon negligence by the public officer. To warrant motion for reconsideration by complainants, the dismissal from the service, the misconduct must be Ombudsman issued an Order upgrading respondents' grave, serious, important, weighty, momentous, and liability to Grave Misconduct. The CA reinstated the not trifling. The misconduct must imply wrongful Ombudsman's initial ruling finding respondents intention and not a mere error of judgment and must guilty of simple misconduct only. also have a direct relation to and be connected with the performance of the public officer's official duties Issue: Whether or not the CA correctly held amounting either to maladministration or willful, respondents administratively liable only for Simple intentional neglect, or failure to discharge the duties Misconduct. of the office. In order to differentiate gross Ruling: NO. In order to differentiate gross misconduct from simple misconduct, the elements of misconduct from simple misconduct, the elements of corruption, clear intent to violate the law, or flagrant corruption, clear intent to violate the law, or flagrant disregard of established rule, must be manifest in the disregard of established rule, must be manifest in the former." former. Section 18 of the Local Government Code of 1991 provides that it is the local government unit which has the authority to lease, encumber, alienate, or otherwise dispose of real or personal property held by it in its proprietary capacity. The Ombudsman correctly observed that respondents had no authority to lease out a portion of the school premises, it being owned by the Provincial Government.