Republic of the Philippines

Civil Service Commission

OFFICE OF THE REGIONAL DIRECTOR
Regional Office No. VIII, Palo, Leyte

MARIA A. MAKILING for Administrative Case No. 2022-135

International State College of the
Philippines (ISCP)
Complainant,

For:
-versus- GRAVE MISCONDUCT,
SERIOUS DISHONESTY
AND CONDUCT
PREJUDICIAL TO THE
INTEREST OF THE SERVICE

JUAN D. DELA CRUZ

Respondent,
x-----------------------------------------x

POSITION PAPER

COMPLAINANT, as represented by its Chancellor, MARIA A.

MAKILING, comes now to the Honorable Office of the Regional

Director under the Civil Service Commission, respectfully files this

Position Paper, in compliance with the Order of this Honorable Office,

and states that:

PRELIMINARY STATEMENT OF FACTS AND NATURE OF THE

CASE

Complainant in the above-mentioned case filed this

administrative complaint on September 13, 2022 against the

defendant for grave misconduct, serious dishonesty, conduct

prejudicial to the conduct of service for violating the 2017 Rules on

Administrative Cases in the Civil Service. Complainant claimed that

the defendants Daily Time Record (DTR) have entries which are

mostly entered into writing instead of the usual printed version of the

DTR. Thus, this civil case was filed.

PREFATORY STATEMENT

The complainant in this case is International State College of

the Philippines, represented by its Chancellor, MARIA A.

MAKILING, is a premier state university in Southeast Asia, located at

143 Milky Way Avenue, Metro Manila, where she could be served

summons and other legal processes of this Honorable Office.

The Respondent is JUAN D. DELA CRUZ, of legal age, single,

is a School Nurse of International State College of the Philippines, a

regular permanent employee of the said College with Plantilla

Position Item 1998-AA-IV-123 and a resident of Cottage 102,

Extraterrestrial Cottage, International State College of the Philippines,

where he could be served summons and other legal processes of this

Honorable Office.

FACTS OF THE CASE

On March 2020 to May 2020, the staff at the Human Resource and

Management Office of International State College of the Philippines

observed that that Juan D. De La Cruz respondent have entries

which is mostly entered into writing instead of the usual printed

version of the Daily Time Record (DTR). The HRM Officer, requested

one of his staff to compare the entries of the respondents DTR to the

entries on the Log Book, and it was found out that there are

discrepancies. The HRM Officer made a further investigation and

found out the respondent went out the campus during office hours

without an authorized Pass Slip or a Travel Order based on the

entries on Security Officers Log Book. And there were instances that

when his presence or services is need, he is nowhere to be found

and contacted. So, the HRM Officer call the respondents attention to

explain, but he argued that he just forgot to use the biometrics and

wrote his time record at the Log Book. As to the entries in the

Security Officer’s Log Book, he argued that it was done with malice

and bad faith on the part of the security officers for a reason that they

have personal disputes. Respondent added that there will be no way

that he will go out during office hours because he is living in one of

the staffs houses of the College which is located inside its premises.

The HRM Officer gave him a fair warning and was warned that doing

of the same shall be dealt with more seriously by the School.

On August 2020 to December 2020, respondent continued the wrong

doings despite of the warnings of the HRM Officer. An information

was circulating on the campus that he was seen attending cock fights

or derby’s in Manila and nearby cities or municipalities. Most of his

reports were submitted late and he was seldom seen in the school

clinic. Upon calling his attention to explain this matter he always

denies it. Therefore, a complaint was formally charge to Mr. Juan D.

De La Cruz for misconduct, serious dishonesty, conduct prejudicial to

the conduct of service.

ISSUE

The sole issue to be resolved in this case is WHETHER OR NOT,

THE RESPONDENT IS LIABLE FOR A VIOLATING THE 2017

RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE.

DISCUSSION

Complainant, International State College of the Philippines,

represented by its Chancellor, MARIA A. MAKILING submits that

JUAN D. DELA CRUZ should be held administratively liable for

GRAVE MISCONDUCT AND SERIOUS DISHONESTY FOR

FALSIFICATION OF PUBLIC DOCUMENT, GROSS NEGLECT OF

DUTY AND CONDUCT PREJUDICIAL TO THE INTEREST OF THE

SERVICE WITH PREVENTION SUSPENSION.

The respondent argued that the entries found in the Officer’s

Logbook were done with malice and bad faith on the part of the

security officers, for the reason that they have personal disputes. This

is just a mere allegation unless coupled with substantial evidence

which the respondent failed to provide. Thus, the presumption of

regularity of official acts of the security officers in the entries found in

their Log Book shall be conclusive.

Well-settled is the rule that the presumption of regularity of

official acts may be rebutted by affirmative evidence of irregularity or

failure to perform a duty. The presumption prevails until it is

overcome by no less than clear and convincing evidence to the

contrary. Thus, unless the presumption is rebutted, it becomes

conclusive (Bustillo vs People G.R. 160718, May 12, 2010).

The respondent also argued that the information from various

employees and several people that he is seen to be attending

cockfights in Manila and other nearby cities or municipalities is

hearsay since it is not backed up with a shred of clear evidence.

Hence, it is inadmissible in evidence. This argument is correct if this

is a proceeding in the regular courts. However, it must be noted that

this is an administrative proceeding where the technical rules of

procedure do not apply.

It is elementary in administrative proceeding that administrative

bodies are not bound by the technical niceties of law and procedure

and the rules obtaining in courts of law (Bantolino, et al. v. Coca-Cola

Bottlers Phils., Inc. G.R. No. 153660, 10 June 2003, 403 SCRA 699).

In view of the foregoing, it is evidently apparent that MR. JUAN

D. DELA CRUZ should be held administratively liable for GRAVE

MISCONDUCT AND SERIOUS DISHONESTY FOR FALSIFICATION

OF PUBLIC DOCUMENT, GROSS NEGLECT OF DUTY AND

CONDUCT PREJUDICIAL TO THE INTEREST OF THE SERVICE

WITH PREVENTION SUSPENSION.

PRAYER

WHEREFORE, the ISCP represented by the undersigned as the

nominal complainant most respectfully prays unto the Honorable

Summary Hearing Officer that both respondents should be held

administratively liable for the abovementioned offenses and should

be meted the penalty of dismissal from the service.

Other reliefs which are deemed just and equitable under the

premises are likewise being prayed for.

September 18, 2022. Tacloban City, Philippines.

MARIA A. MAKILING
Affiant
PRC ID No. 000143143
Copy furnished:

JUAN D. DELA CRUZ

Cottage 102, Extraterrestrial Cottage, International State College of the Philippines
Respondent
Republic of the Philippines)
Tacloban City ) S.S.

VERIFICATION

I, MARIA A. MAKILING, Chancellor, under oath, do hereby

depose and say that:

I am the representative of the International State College of the

Philippines as nominal complainant in the above-entitled
administrative case;

I have caused the preparation and the filing of the foregoing

verified position paper before the Honorable Hearing Officer; and

I have read and understand all the allegations contained therein

and attest that the same are true and correct of my own knowledge
and based on authentic records.

MARIA A. MAKILING
Affiant
PRC ID No. 000143143

SUBSCRIBED AND SWORN to before me this 18 th day of

September 2022, Bar Boys and Barbies Law Office, Tacloban City,
Philippines.