Title
Samson vs. Restrivera
Case
G.R. No. 178454
Decision Date
Mar 28, 2011
A government employee failed to return P50,000 after failing to secure land title, found guilty of conduct unbecoming a public officer.

Case Digest (G.R. No. 200418)
Expanded Legal Reasoning Model

Facts:

  • Background
    • Petitioner Filipina Samson is head of the Population Commission, Trece Martirez City, Cavite.
    • Respondent Julia A. Restrivera owns land in Carmona, Cavite.
  • Private agreement and failure to deliver
    • March 2001: Petitioner agreed to help respondent register her land under the Torrens System, estimating expenses at ₱150,000 and accepting ₱50,000 as initial payment.
    • It was later discovered the land was government property; petitioner did not return the ₱50,000.
  • Legal actions and administrative proceedings
    • Respondent filed a criminal estafa complaint and an administrative complaint for grave misconduct before the Ombudsman.
    • Ombudsman found petitioner guilty of violating Section 4(A)(b) of R.A. No. 6713; suspended her for six months without pay, later reduced to three months.
    • The Court of Appeals (CA) affirmed the Ombudsman’s findings and penalty.

Issues:

  • Does the Ombudsman have jurisdiction over a public official’s private, non–service-connected act?
  • Can petitioner be administratively liable under R.A. No. 6713 despite dismissal of the estafa case?
  • Was the penalty excessive given mitigating circumstances (first offense, long service)?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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