Case Digest (A.M. No. 06-12-720-RTC)
Facts:
Re: Disapproval of the Permanent Appointment of Mr. Godofredo C. De Leon, A.M. No. 06-12-720-RTC, October 17, 2008, the Supreme Court En Banc, Per Curiam. This administrative matter concerns the Civil Service Commission’s disapproval of a promotional appointment that resulted in the dismissal of Godofredo C. De Leon (respondent).On September 16, 2005 the respondent’s promotion from Utility Worker I to Clerk III, Regional Trial Court, Branch 40, Manila was forwarded to the Civil Service Commission (CSC) for approval. In support of the appointment he submitted a Personal Data Sheet (PDS) dated April 8, 2005 claiming Career Service Sub-Professional eligibility, and an authenticated Report of Rating purporting to show a passing score in the Career Service Sub-Professional examination held on November 20, 1977.
By letter dated October 14, 2005 CSC Director II Cardito L. Callangan informed then Court Administrator Presbitero J. Velasco, Jr. of the disapproval of the promotional appointment pursuant to Sections 7 and 9, Rule V of the Rules Implementing Book V of Executive Order No. 292. A certification from the CSC Integrated Records Management Office showed the respondent’s name was not in the Passed/Failed Masterlist and that the eligibility actually belonged to his brother, Reynaldo C. De Leon; the authenticated Report of Rating submitted bore evidence of tampering.
On November 25, 2005 the Office of the Court Administrator (OCA) directed the respondent to show cause for possible disciplinary action for falsification and misrepresentation; he initially failed to file a comment despite requesting an extension. On November 20, 2006 the CSC filed a Formal Charge for Dishonesty, docketed Adm. Case No. 06-11-005, and the respondent filed a counter-affidavit claiming inadvertent inclusion of his brother’s eligibility and denying tampering.
After further directives, the respondent on May 4, 2007 submitted an Explanation/Comment in which he admitted that he had changed his brother Reynaldo’s name to Godofredo in the authenticated CSC Report of Rating and pleaded for mercy and mitigation based on family necessity. The matter was referred on September 26, 2007 to the OCA and the Selection and Promotion Board, Lower Courts, for report and recommendation. In a January 4, 2008 memorandum to Chief Justice Reynato S. Puno, Court Administrator Zenaida N...(Pro-only)
Issues:
- Did Godofredo C. De Leon commit dishonesty and falsification of a public document when he submitted an authenticated Report of Rating and PDS claiming eligibility that belonged to his brother?
- If guilty, is dismissal from service with forfeiture of retirement benefits (except accrued leave) and prejudice to reemploymen...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)