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DECISION
NACHURA , J : p
This is a petition 1 for review on certiorari under Rule 45 of the Rules of Court
led by petitioner O ce of the Ombudsman seeking the reversal of the Decision 2
dated January 6, 2004 and the Resolution 3 dated May 27, 2005 of the Court of Appeals
(CA) in CA-G.R. SP No. 69749.
The case arose from an administrative complaint for Dishonesty, Grave
Misconduct, and Falsi cation of O cial Document led before the O ce of the
Ombudsman (docketed as OMB-ADM-0-00-0926) by then Barangay Chairman
Romancito L. Santos of Concepcion, Malabon, against Edilberto Torres (Edilberto),
Maricar D. Torres (Maricar), and Marian D. Torres (Marian), then Municipal Councilor,
Legislative Staff Assistant, and Messenger, respectively, of the Sangguniang Bayan of
Malabon. Maricar and Marian are daughters of Edilberto.
Maricar was appointed as Legislative Staff Assistant on February 16, 1995, while
Marian was appointed as Messenger on May 24, 1996. At the time of their public
employment, they were both enrolled as full-time regular college students — Maricar, as
a full-time student at the University of Santo Tomas (UST) and Marian as a dentistry-
proper student at the College of Dentistry of Centro Escolar University. During the
period subject of this case, they were able to collect their respective salaries by
submitting Daily Time Records (DTR) indicating that they reported for work every
working day, from 8:00 a.m. to 5:00 p.m. EHTSCD
Petitioner moved to reconsider the reversal of its Decision by the CA, but the
motion was denied in the CA Resolution dated May 27, 2005. Hence, this petition based
on the following grounds:
I
II
III
THE ELEMENT OF INTENT OR MALICE APPLIES TO CRIMINAL PROSECUTION,
NOT TO AN OFFENSE OF DISHONESTY AND MISCONDUCT. 8
Petitioner's rst submission is that the lling-up of entries in the o cial DTR is
not a matter of administrative procedural convenience but is a requirement by Civil
Service Law to ensure that the proper length of work-time is observed by all public
o cials and employees, including con dential employees such as respondents. It
argues that DTRs, being representations of the compensable working hours rendered
by a public servant, ensure that the taxpaying public is not shortchanged. To bolster
this position, petitioner cited Rule XVII on Government O ce Hours of the Omnibus
Rules Implementing Book V of Executive Order No. 292 and Other Pertinent Civil
Service Laws, to wit: SHacCD
They said that the acts complained of occurred in 1996 to 1997, while the case was
filed only on February 2000, or after the lapse of more or less three (3) years.
Respondent Maricar also asseverated that the doctrine laid down in Aguinaldo v.
Santos 1 1 should also apply to her considering that she was elected as City Councilor
of Malabon City in the 2004 elections. She also claimed that the instant case adversely
affected their lives, particularly in her case, for while she graduated from the University
of the East College of Law in 2004, she was only able to take the bar examinations in
2005 due to the pendency of the administrative case against her. She also cited the
fact that the criminal case involving the same set of facts was dismissed, insinuating
that, as a result of this, the administrative case should have likewise been dismissed.
The petition is impressed with merit.
At the outset, it must be stressed that this is an administrative case for
dishonesty, grave misconduct, and falsi cation of o cial document. To sustain a
nding of administrative culpability only substantial evidence is required, not
overwhelming or preponderant, and very much less than proof beyond reasonable
doubt as required in criminal cases. 1 2 Substantial evidence means such relevant
evidence as a reasonable mind might accept as adequate to support a conclusion.
The following facts are borne out by the records: (1) Maricar was appointed as
Legislative Staff Assistant in the O ce of then Councilor of Malabon, Edilberto Torres,
on February 16, 1995; 1 3 (2) Marian was appointed as Messenger in the same o ce on
May 24, 1996; 1 4 (3) at the time of Maricar's appointment to and employment in her
position (1995-1997), she was a full-time regular college student at UST; 1 5 (4) at the
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time of Marian's appointment and employment as messenger in her father's o ce
(1996-2000), she was a full-time regular dentistry-proper student at the College of
Dentistry of Centro Escolar University; 1 6 (5) during the employment of respondents in
government service, they submitted DTRs indicating that they religiously reported for
work from 8:00 a.m. to 5:00 p.m. during work days; 1 7 (6) by reason thereof,
respondents collected their full salaries during the entire time of their employment in
their respective positions; 1 8 and, (7) these all occurred with the full knowledge and
consent of their father. 1 9
It is also worthy to note that the factual nding made by petitioner, i.e., that
respondents made false entries in their respective DTRs for the period subject of this
case, was affirmed by the CA in the assailed Decision dated January 6, 2004. 2 0 HTCAED
Respondents' claim of good faith, which implies a sincere intent not to do any
falsehood or to seek any undue advantage, cannot be believed. This Court pronounced
—
Good faith, here understood, is an intangible and abstract quality with no
technical meaning or statutory de nition, and it encompasses, among other
things, an honest belief, the absence of malice and the absence of
design to defraud or to seek an unconscionable advantage. An
individual's personal good faith is a concept of his own mind and,
therefore, may not conclusively be determined by his protestations
alone . It implies honesty of intention, and freedom from knowledge of
circumstances which ought to put the holder upon inquiry. The essence of good
faith lies in an honest belief in the validity of one's right, ignorance of a superior
claim, and absence of intention to overreach another. . . . 2 5
In this case, respondents knew fully well that the entries they made in their
respective DTRs were false considering that it was physically impossible for them to
have reported for full work days when during those times they were actually attending
their regular classes, which undoubtedly would take up most of the daytime hours of
the weekdays. With this knowledge, respondents did not bother to correct the DTR
entries to honestly re ect their attendance at their workplace and the actual work they
performed. Worse, they repeatedly did this for a long period of time, consequently
allowing them to collect their full salaries for the entire duration of their public
employment as staff members of their father.
Respondents' protestations that petitioner failed to prove their actual attendance
in their regular classes and thus, suggest that they may not have been attending their
classes, is preposterous and incredible, simply because this is not in accord with the
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natural course of things. The voluminous documentary evidence subpoenaed by
petitioner from UST and Centro Escolar University showing the schedule of classes of
respondents during the questioned period, along with the certi cates of matriculation
painstakingly perused by GIO Generoso, strongly militates against this claim. It would
be the height of absurdity on the part of respondents to voluntarily enroll in their
respective courses, pay school fees, and not attend classes but instead report for
work. Even if this was remotely possible, such a situation would be irreconcilable with
the respondents having graduated from their respective courses.
Without doubt, the scrutiny of the numerous school documents, the DTRs
submitted, and the payrolls from the o ce of the then Municipal Accountant of
Malabon overwhelmingly revealed that the classes in which respondents enrolled for
several school years were in stark con ict with the time entries in the DTRs, and several
payroll sheets showed that respondents collected their full salaries corresponding to
the DTR entries. These ndings of fact made by petitioner, being supported by
substantial evidence, are conclusive; 26 more so that the nding of false entries in the
DTRs was affirmed by the CA. cSTDIC
SO ORDERED.
Ynares-Santiago, Austria-Martinez, Corona * and Reyes, JJ., concur.
Footnotes
1. Rollo, pp. 10-37.
2. Id. at 39-45.
3. Id. at 48-52.
4. Id. at 219-232.
5. G.R. No. 94115, August 21, 1992, 212 SCRA 768, 773.
6. Rollo, pp. 181-197.
7. Id. at 42-44.
8. Id. at 17-18.
9. Id. at 22-23.
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10. Id. at 169-180.
11. Supra note 5.
12. Apolinario v. Flores, G.R. No. 152780, January 22, 2007, 512 SCRA 113, 119; Resngit-
Marquez v. Judge Llamas, Jr., 434 Phil. 184, 203 (2002), Mariano v. Roxas, 434 Phil.
742, 749 (2002), and Liguid v. Camano, Jr., 435 Phil. 695, 706 (2002).
13. Finding of fact of petitioner and not denied (therefore, admitted) by respondents. aECSHI
14. Id.
15. Id.
16. Id.
17. Id.
18. Id.
19. Id.
20. The Court of Appeals stated, "We may agree with the findings of fact made by
public respondent , but the inference made in relation to the offense committed that
will merit suspension from service is manifestly mistaken." Rollo, pp. 41-42. (Emphasis
supplied) ESHAcI
(5) The complaint was filed after one (1) year from the occurrence of the act or omission
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complained of. (Emphasis supplied)
30. 376 Phil. 191, 198-199 (1999).
* In lieu of Associate Justice Minita V. Chico-Nazario per Special Order No. 484 dated
January 11, 2008.