Case Summary (G.R. No. 91029)
Applicable Law
The relevant legal framework for this case includes the 1987 Philippine Constitution and the Civil Service Rules regarding administrative cases, particularly those related to grave misconduct and dishonesty.
Background of the Case
In June 2014, a vacancy for the Secretary of the Sangguniang Panlungsod arose after the retirement of Dandy V. Fraginal. Supervising Administrative Officer Avelino Pedro Vargas Jr. was designated as Officer-in-Charge (OIC)-Secretary on June 30, 2014. A resolution was passed on September 15, 2014, suggesting that the next-in-rank employee would fill the vacant position. Despite this, Ampongan appointed Edsel Dimaiwat to the position on November 3, 2014, falsely certifying that Dimaiwat was qualified by the Personnel Selection Board (PSB).
Findings of the Ombudsman
On January 5, 2017, the Ombudsman found Ampongan liable for Grave Misconduct and Dishonesty due to his violation of Civil Service Rules. The Ombudsman ruled that he appointed Dimaiwat without a proper screening process and knowingly certified false information on the appointment form.
Court of Appeals' Ruling
The Court of Appeals (CA) affirmed the Ombudsman’s ruling in a decision dated January 22, 2019, reiterating that Ampongan’s actions constituted grave misconduct as he failed to adhere to the proper process while appointing Dimaiwat. Despite Ampongan’s claims of good faith, the CA noted a lack of efforts to comply with established rules.
Arguments by the Petitioner
Ampongan contended that he acted with good faith and argued that the respondents' absence from the scheduled PSB meeting hindered compliance with the appointment rules. He also asserted that the resolution issued by the SP members was erroneous and claimed that he did not distort the truth regarding the PSB’s evaluation process.
Arguments by the Ombudsman
The Ombudsman maintained that substantial evidence supported Ampongan's liability for grave misconduct and dishonesty, emphasizing Ampongan’s favoritism toward Dimaiwat and the willful misrepresentation in the appointment process.
Ruling of the Court
The Court ruled in favor of Ampongan regarding the absence of willful intent to violate the law, concluding that he did not intentionally deceive the Civil Servic
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Case Background
- This case involves a Petition for Review filed under Rule 45 of the 1997 Rules of Civil Procedure.
- The petitioner, Omar Erasmo G. Ampongan, contests the Decision of the Court of Appeals dated January 22, 2019, which upheld the Ombudsman's ruling against him.
- The case centers on allegations of grave misconduct, dishonesty, and oppression stemming from Ampongan's actions as the Vice-Mayor of Iriga City.
Parties Involved
- Petitioner: Omar Erasmo G. Ampongan, former Vice-Mayor of Iriga City with a salary grade of 26.
- Respondents: Five members of the Sangguniang Panlungsod of Iriga City and the Human Resource Management Officer (HRMO).
Factual Antecedents
- The position of Secretary for the Sangguniang Panlungsod became vacant in June 2014 due to the retirement of the previous secretary.
- Petitioner appointed Edsel Dimaiwat as the new secretary on November 3, 2014, despite a prior resolution (Resolution No. 2014-138) advocating for the next-in-rank employee to fill the vacancy.
- Petitioner falsely certified that Dimaiwat underwent proper screening by the Personnel Selection Board (PSB), which was later proven to be untrue.
Ombudsman Ruling
- The Ombudsman found Ampongan administratively liable for grave misconduct and dishonesty.
- It was concluded that he violated Civil Service Rules by appointing Dimaiwat without proper screening