Case Digest (G.R. No. 153166)
Facts:
Teresita L. Vertudes, G.R. No. 153166, December 16, 2005, Supreme Court Second Division, Puno, J., writing for the Court. Petitioner was a fingerprint examiner at the Bureau of Immigration (BI). In a facsimile dated July 27, 1998, Peng Villas (a journalist) forwarded complaints by Julie Buenaflor and others to then-Commissioner Rufus Rodriguez alleging that petitioner had solicited and received money (P79,000.00 from Buenaflor; other sums from Lao and Cosino) in exchange for processing passports, visas and deployment to Japan or Taiwan, but failed to deliver the promised documents or employment.Acting on Villas’s referral, Commissioner Rodriguez directed petitioner to submit a sworn explanation. Petitioner denied the allegations, claimed the P50,000.00 evidenced by two Security Bank checks was a loan she repaid in installments, and accused Buenaflor of illegal recruitment and of using petitioner’s name with immigration officers. Commissioner Rodriguez preventively suspended petitioner (Personnel Order No. RBR 98-60) and assigned Special Prosecutor Norberto dela Cruz to investigate.
Formal investigation hearings were held on October 15 and October 27, 1998. Evidence for the complainant included Buenaflor’s complaint-affidavit, an accompanying witness affidavit, copies of the checks, and a demand letter; petitioner submitted a counter-affidavit, affidavits of her witnesses (including housemaids) and documents alleging prior complaints against Buenaflor. Special Prosecutor dela Cruz, in a Resolution dated November 12, 1998, found petitioner guilty of grave misconduct and recommended dismissal.
Commissioner Rodriguez, by order dated January 12, 1999, adopted the Special Prosecutor’s resolution and dismissed petitioner from service for grave misconduct under PD No. 807 and the Administrative Code of 1987. Petitioner’s motions for reconsideration were denied. The Ombudsman referred the criminal aspects to the City Prosecutor, and the Department of Justice affirmed the BI’s dismissal order.
Petitioner appealed to the Civil Service Commission (CSC); on November 19, 1999 the CSC dismissed the appeal for lack of merit, finding substantial evidence of illegal recruitment and noting the credibility of complainant’s testimony (citing People v. Flores). Petitioner’s motion for reconsideration before the CSC failed. She then filed a petition for review with the Court of Appeals (CA), which dismissed the petition on February 12, 2002 and denied reconsideration by resolution...(Subscriber-Only)
Issues:
- Was petitioner denied due process in the administrative proceedings?
- Is there substantial evidence to support the findings of grave misconduct and dismissal?
- Does a promise to facilitate another’s employment abroad (and accepting money for it) constitute grave misconduct connected with petitioner’s duties as a...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)