This case involved Ricardo Trinidad, an engineer for the DPWH-QCSED who oversaw laborers in an oyster program. He signed the daily time records of some laborers who received double or triple compensation from three government agencies, which was deemed an irregularity. The Ombudsman found Ricardo guilty of gross neglect of duty and dismissed him. The Court of Appeals affirmed this decision. However, the Supreme Court ruled that Ricardo's reliance on a logbook to sign time records, while negligent, constituted simple negligence rather than gross negligence. The Court found Ricardo not guilty of gross neglect of duty.
This case involved Ricardo Trinidad, an engineer for the DPWH-QCSED who oversaw laborers in an oyster program. He signed the daily time records of some laborers who received double or triple compensation from three government agencies, which was deemed an irregularity. The Ombudsman found Ricardo guilty of gross neglect of duty and dismissed him. The Court of Appeals affirmed this decision. However, the Supreme Court ruled that Ricardo's reliance on a logbook to sign time records, while negligent, constituted simple negligence rather than gross negligence. The Court found Ricardo not guilty of gross neglect of duty.
This case involved Ricardo Trinidad, an engineer for the DPWH-QCSED who oversaw laborers in an oyster program. He signed the daily time records of some laborers who received double or triple compensation from three government agencies, which was deemed an irregularity. The Ombudsman found Ricardo guilty of gross neglect of duty and dismissed him. The Court of Appeals affirmed this decision. However, the Supreme Court ruled that Ricardo's reliance on a logbook to sign time records, while negligent, constituted simple negligence rather than gross negligence. The Court found Ricardo not guilty of gross neglect of duty.
Investigation Office, Office of the Ombudsman, Respondents. G.R. No. 227440, December 02, 2020
By: Rejinne Mae M. Aguilar
FACTS: ❖ Ricardo served as Engineer II in the DPWH-QCSED, and was tasked to oversee laborers of the DPWH- QCSED's Oyster Program. ❖ Ricardo signed the daily time records (DTRs) of Bilaya, Martinez, Sanchez, and dela Torre and it was found that some of them received double, and even triple compensations from the three government agencies. ❖ Due to this irregularity, an administrative was filed by the Field Investigation Office (FIO) of the Office of the Ombudsman (Ombudsman) against Ricardo and the other approving authorities of the other government agencies involved. ❖ The Ombudsman found Ricardo guilty of gross neglect of duty, and meted the penalty of dismissal from the service. ❖ CA affirmed the decision of the Ombudsman.
2023 Trinidad vs. Ombudsman 2
ISSUE: Whether Ricardo's reliance on the logbook constitutes gross negligence. RULING: NO. ❖ Ricardo is guilty only of Simple Negligence. ❖ SC cannot reasonably conclude that Ricardo's failure to check the actual attendance of the workers amounts to gross negligence. ❖ Ricardo's carelessness in relying on his subordinate's logbook in signing the workers' DTRs, and in his duty of supervising the workers of the Oyster Program - believing that such a minor task does not entail his full attention - is tantamount to simple negligence.