REMEDIAL LAW

Atty. Raul Buensalida v. Marinel Gabinete

A.M. No. P-16-3593, February 21, 2017, En Banc
PER CURIAM

DOCTRINE:
FACTS:

Complainant Raul Q. Buensalida (Buensalida) is the Area Director of Philippine

Postal Corporation (PhilPost). Respondent Gabinete occupies the position of Utility
Worker I.

Percy A. Olarte (Postmaster Olarte) discovered that forty-four (44) registered

mail items containing refund checks in the total amount of P48,285.70 posted by
Philippine Health Insurance Corporation (PHIC) had gone missing.
PhilPost's investigating team issued an Investigation Report identifying
Gabinete as the culprit. Thereafter, Buensalida sent a letter-complaint to the Presiding
Judge of the MCTC, requesting that the necessary administrative and/or criminal
cases be filed against Gabinete in view of the results of the investigation.
ISSUE:
Is Marinel Gabinete guilty of grave misconduct?
Ruling:

Yes. Misconduct has been defined as an intentional wrongdoing or a deliberate

violation of a rule of law or standard of behavior, especially by a government official.
Misconduct is grave where the elements of corruption, a clear intent to violate the law,
or a flagrant disregard of established rules are present.

From the established facts and circumstances on record, complainant was more
than able to discharge his burden of proving with substantial evidence that
respondent was the one who took the subject PHIC checks and had them encashed.
The lack of direct evidence does not ipso facto bar the finding of liability against
respondent. The Court based its findings on the fact that complainant was able to
establish respondent's liability through credible and sufficient circumstantial evidence
that led to the inescapable conclusion that respondent committed the imputed act.
Gabinete's misconduct involved the unauthorized taking of registered mail matter, and
the subsequent diversion of the proceeds of the checks contained therein. The
elements of corruption, clear intent to violate the law and flagrant disregard for
established rules are evidently present.