Case Digest (G.R. No. 248819)
Facts:
- Grace Crisilda A. Pantaleon served as Revenue Clerk II for the Municipal Government of Barobo, Surigao del Sur.
- On October 8, 2015, a Joint Affidavit Complaint was filed against her by State Auditors from the Commission on Audit (COA) - Regional Office No. XIII.
- The complaint arose from an audit conducted on June 23, 2013, revealing a cash shortage of P436,748.45 for the period from December 18, 2012, to June 26, 2013.
- Pantaleon fully restituted the amount on September 6, 2013, before any formal demand was made.
- The complaint alleged that she committed both criminal and administrative offenses.
- In her Counter-Affidavit, Pantaleon admitted to the cash shortage but denied personal use, claiming she lent the money to co-workers.
- On September 29, 2016, the Ombudsman found her guilty of Grave Misconduct and Serious Dishonesty, imposing dismissal and accessory penalties.
- The Ombudsman ordered a special audit investigation into the borrowing practices within the municipal government.
- Pantaleon appealed to the Court of Appeals, which affirmed the Ombudsman's decision on February 1, 2019.
- Her motion for reconsideration was denied on July 18, 2019, leading her to file a petition for review on certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied the petition, upholding the decisions of the Ombudsman and the Court of Appeals.
- Pantaleon was found guilty of Grave Misconduct and Serious Dishonesty, resulting in her dismissal from government...(Unlock)
Ratio:
- The Court stated that the Ombudsman's factual findings are conclusive when supported by substantial evidence, particularly when affirmed by the Court of Appeals.
- Pantaleon was charged with Grave Misconduct and Serious Dishonesty, both serious offenses warranting dismissal even for first-time offenders.
- Misconduct...continue reading
Case Digest (G.R. No. 248819)
Facts:
The case involves Grace Crisilda A. Pantaleon (petitioner) and the Ombudsman-Mindanao (respondent). Pantaleon served as Revenue Clerk II for the Municipal Government of Barobo, Surigao del Sur. On October 8, 2015, a Joint Affidavit Complaint was filed against her by State Auditors Cheryl Cantalejo-Dime and Pamela Grace A. Arayan from the Commission on Audit (COA) - Regional Office No. XIII. The complaint stemmed from an audit conducted on June 23, 2013, which revealed a cash shortage amounting to P436,748.45 for the period from December 18, 2012, to June 26, 2013. Although Pantaleon was able to restitute the full amount on September 6, 2013, before any formal demand was issued, the complaint alleged that she had committed both criminal and administrative offenses. In her Counter-Affidavit, Pantaleon acknowledged the cash shortage but denied any personal use of the funds, claiming she lent the money to co-workers in need. On September 29, 2016, the Ombudsman found her guilty of Grave Misconduct and Serious Dishonesty, imposing a penalty of dismissal from service along with accessory penalties, including the cancellation of eligibility and forfeiture of retirement benefits. The Ombudsman also directed a special audit investi...