Case Digest (A.C. No. 13521)
Facts:
This case involves Ignacia Balicas, the petitioner, who was dismissed from government service by the Office of the Ombudsman due to gross neglect of duty in relation to the tragedy at the Cherry Hills Subdivision (CHS) in Antipolo City on August 3, 1999. The CHS was developed by Philjas Corporation, which had been registered in 1990 to provide low-cost housing. Beginning in 1991, the project went through various approvals from government officials, including the issuance of development permits and small scale mining permits to extract filling materials from the site. The petitioner, as Senior Environmental Management Specialist (SEMS) of the Provincial Environment and Natural Resources Office (PENRO) in Rizal, was responsible for environmental compliance monitoring related to the project.
Despite her claims that she monitored the subdivision development three times between 1994 and 1995, and again in 1997, the Ombudsman found this monitoring insufficient. The tragedy involved
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Case Digest (A.C. No. 13521)
Facts:
- Development and permits involving Cherry Hills Subdivision (CHS)
- August 28, 1990 – Philjas Corporation registered to develop CHS for low-cost housing.
- February 19, 1991 – City Mayor Daniel S. Garcia endorsed the CHS project to HLURB.
- March 7, 1991 – Respondent TAN issued the Preliminary Approval and Locational Clearance (PALC) for CHS.
- July 5, 1991 – HLURB Commissioner TUNGPALAN issued Development Permit No. 91-0216 for land development of the 12.1034-hectare CHS with conditions under B.P. 220 Model A – Socialized Housing.
- July 8, 1991 – Respondent JASARENO authorized earth-moving operations with conditions.
- November 18, 1991 – HLURB Commissioner AMADO B. DELORIA issued Certificate of Registration and License to Sell for 1,007 lots/units.
- December 10, 1991 – Respondent POLLISCO granted Small Scale Mining Permit (SSMP) No. IV-316 to Philjas for extraction of 10,000 cu. meters filling material.
- January 12, 1994 – Philjas applied for SSMP with Rizal Provincial Government to extract 50,000 metric tons of filling materials yearly on CHS 2.8 hectares.
- January 17, 1994 – Respondent MAGNO informed Philjas that CHS is under the Environmental Impact Statement (EIS) system; ECC required.
- February 3, 1994 – Philjas applied for Environmental Compliance Certificate (ECC) from DENR-Region IV.
- March 12, 1994 – Inspection report by respondent BALICAS submitted as part of ECC evaluation.
- April 28, 1994 – ECC granted to Philjas upon recommendation of respondent TOLENTINO and approval of DENR Regional Director PRINCIPE.
- May 10, 1994 – Mining Field Report submitted recommending no adverse environmental effects from material extraction.
- August 10, 1994 and August 23, 1995 – Respondent BALICAS conducted monitoring inspections; noted project in construction stage and follow-up monitoring needed. Last DENR monitoring.
- September 24, 1994 – Rizal Governor YNARES approved SSMP No. RZL-012 allowing material extraction for two years until September 6, 1996.
- The landslide incident and ensuing investigations
- August 3, 1999 – A tragedy (landslide) occurred at CHS causing deaths and property damage.
- August 1999 – Immediate fact-finding investigation by Ombudsman’s FFIB resulted in administrative complaint against officials from HLURB, DENR, and local government.
- Petitioner Ignacia Balicas, DENR Senior Environmental Management Specialist assigned in Rizal, charged with gross neglect of duty for alleged failure to properly monitor and inspect CHS development.
- Petitioner claimed she conducted monitoring on March 12, 1994, August 10, 1994, and August 23, 1995, as well as compliance monitoring on May 19, 1997; insisted acts done in good faith and the landslide was a fortuitous event.
- November 15, 1999 – Ombudsman dismissed petitioner from government service for gross neglect, citing insufficient monitoring and incompetence in overlooking known risks of landslides.
- Petitioner appealed to Court of Appeals which, on August 25, 2000, affirmed the dismissal, holding her grossly negligent.
- Motion for reconsideration denied on November 13, 2000.
- Present case
- Petitioner filed a petition for review on certiorari with the Supreme Court under Rule 45.
- Petitioner questioned (a) the finding of gross neglect and (b) the penalty of dismissal.
Issues:
- Whether the Court of Appeals committed serious errors of law in:
- Holding petitioner guilty of gross neglect of duty as Senior Environmental Management Specialist of DENR Rizal.
- Imposing the extreme penalty of dismissal from government service on petitioner.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)