Case Digest (G.R. No. 212641)
Facts:
Petitioner Angelica A. Fajardo, then OIC, Division Chief III, Prize Payment (Teller) Division of the Philippine Charity Sweepstakes Office (PCSO), was charged by respondent Mario J. Corral with Serious Dishonesty, Grave Misconduct, and Conduct Prejudicial to the Best Interest of Service after spot audits on November 13, 2008 and January 8, 2009 showed shortages of cash and checks totaling PhP 1,877,450.00 and unpaid winning tickets worth PhP 1,024,870.00; Fajardo offered no satisfactory explanation and on January 27, 2009 offered to pay PhP 300,000.00 and waive certain benefits. The Ombudsman found Fajardo guilty and dismissed her on September 1, 2010; the Court of Appeals affirmed on September 16, 2013, and this Court denied the petition on July 5, 2017.Issues:
- Is Angelica A. Fajardo guilty of Serious Dishonesty, Grave Misconduct, and Conduct Prejudicial to the Best Interest of Service?
Ruling:
The petition was DENIED. The Decision of the Court of Appeals and the Ombudsma Case Digest (G.R. No. 212641)
Facts:
- Parties and administrative capacities
- Angelica A. Fajardo — designated OIC, Division Chief III, Prize Payment (Teller) Division, Treasury Department, Philippine Charity Sweepstakes Office (PCSO); authorized to draw cash advance of PhP 3,000,000.00 and bonded with the Bureau of Treasury for PhP 1,500,000.00; issued a vault to which she alone had access.
- Mario J. Corral — Officer-in-Charge Manager, Treasury Department, PCSO; filed the Complaint-Affidavit before the Office of the Ombudsman (OMB-C-A-09-0355-G) charging Fajardo with Serious Dishonesty, Grave Misconduct, and Conduct Prejudicial to the Best Interest of Service.
- Audits, discoveries, and immediate events
- November 13, 2008 — PCSO Internal Audit Department (IAD) conducted a spot audit on Fajardo’s cash and cash items and discovered a shortage of PhP 218,461.00.
- November 17 and November 28, 2008 — IAD sealed Fajardo’s vault and steel cabinet after she did not report for work following the initial audit.
- Corral required Fajardo to report, explain the shortage, and be present at the opening of her vault; Fajardo requested five additional working days but failed to report within that extended period.
- January 2009 cash count and further findings
- January 8, 2009 — cash count conducted upon Commission on Audit (COA) recommendation in the presence of Fajardo, IAD, and COA representatives; discovered missing cash of PhP 1,621,476.00 and missing checks of PhP 37,513.00, totaling PhP 1,877,450.00.
- The January 8, 2009 audit also found paid winning sweepstakes tickets dating back to 2004 amounting to PhP 1,024,870.00 that were not processed for liquidation or replenishment.
- January 13, 2009 — letter issued ordering Fajardo to immediately produce missing funds and explain the shortage; Fajardo failed to account or produce the funds and did not give a reasonable excuse.
- Fajardo’s admissions and defenses
- January 27, 2009 — Fajardo sent a letter admitting mistake, offering to settle by waiving bonuses and monetary benefits for 2008 and paying PhP 300,000.00; she did not question the regularity of spot audits in that letter.
- In a Counter-Affidavit, Fajardo later denied that spot audits were conducted or contended that, if conducted, they were contrary to established rules; claimed auditors excluded vale sheets and other cash items and that she was not given opportunity to balance and close books before the cash count.
- Fajardo also claimed she was forced to sign Certifications and Demands (Cash Examination Count Sheet) containing the alleged shortage on two occasions.
- Administrative proceedings and rulings below
- September 1, 2010 — Office of the Ombudsman Decision (reviewed by Acting Director Medwin S. Dizon; recommended by Acting Assistant Om...(Subscriber-Only)
Issues:
- Primary legal issue presented
- Whether Angelica A. Fajardo is guilty of Serious Dishonesty, Grave Misconduct, and Conduct Prejudicial to the Best Interest of Service based on the shortages and unpaid winning tickets found in her custody and her failure to satisfactorily explain the same.
- Procedural and standard-of-review issues
- Whether factual findings of the Ombudsman and the Court ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)