Title
Gonzalbo-Macatangay vs. Civil Service Commission
Case
G.R. No. 239995
Decision Date
Jun 15, 2022
A DFA official, convicted of bigamy, was dismissed from service despite claims of mitigating circumstances, as the Supreme Court upheld the penalty for moral turpitude.

Case Digest (G.R. No. L-35726)

Facts:

  • Background and Parties
    • Petitioner Rosa C. Gonzalbo-Macatangay served as Secretary in the Passport Division of the Department of Foreign Affairs (DFA).
    • Marites L. Calivara filed a complaint-affidavit before the Civil Service Commission (CSC) alleging that Modesto Macatangay, Jr., while still married to her, contracted a second marriage with petitioner on February 3, 1997.
  • Legal Proceedings and Conviction
    • Marites initiated a criminal case for Bigamy against petitioner and Modesto before the Regional Trial Court (RTC) of Lucena City.
    • Petitioner and Modesto pleaded guilty; the RTC rendered a decision convicting them of Bigamy on October 8, 2002, which became final and executory.
  • Petitioner’s Counterclaim and Assertions
    • Petitioner alleged that:
      • She was unaware of Modesto’s existing marriage when she married him;
      • She married Modesto after becoming pregnant;
      • Eventually learned of his existing marriage in April 1996;
      • The marriage between her and Modesto was declared void by the RTC, Makati City on September 27, 1999;
      • Modesto's first marriage was later declared null and void by the RTC, Labo, Camarines Norte in 2004;
      • She and Modesto remarried on September 4, 2004, in Tokyo, Japan;
      • She claimed the complaint violated the prohibition against multiplicity of suits and res judicata.
  • Administrative Charges and Proceedings
    • CSC-NCR formally charged petitioner with the administrative offense of Conviction of a Crime Involving Moral Turpitude.
    • On June 19, 2014, CSC-NCR found petitioner guilty and imposed dismissal from service and accessory penalties (cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from public office, and bar from civil service exams).
    • Petitioner moved for reconsideration to CSC Proper, which affirmed CSC-NCR's decision on January 5, 2015, and denied reconsideration on September 28, 2015.
  • Appeal to the Court of Appeals (CA)
    • Petitioner filed a petition for review before the CA.
    • On August 10, 2017, the CA affirmed the CSC decisions, ruling that mitigating circumstances cannot be considered in an offense punishable by dismissal from service upon first commission.
    • Petitioner’s motion for reconsideration was denied by CA on May 9, 2018.
  • Petition Before the Supreme Court (SC)
    • Petitioner assails the refusal to consider mitigating circumstances such as length of service, first offense, and outstanding performance that might justify a lesser penalty than dismissal.
    • She claims to be a victim without criminal intent, acting for the welfare of her child, and alleges violation of her right to speedy disposition of cases due to the protracted proceedings.
    • The CSC, through the Office of the Solicitor General, defended the penalty imposed and argued the nature of the offense and the indivisible penalty of dismissal.

Issues:

  • Whether the penalty of dismissal from service is proper for petitioner’s conviction of a crime involving moral turpitude, specifically Bigamy, under the applicable CSC rules.
  • Whether mitigating circumstances such as length of service, first offense, and outstanding performance justify reducing the penalty imposed on petitioner.
  • Whether petitioner’s right to a speedy disposition of administrative cases was violated.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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