Title
Civil Service Commission vs. Andal
Case
A.M. No. SB-12-19-P
Decision Date
Nov 18, 2014
A Sandiganbayan security guard was dismissed for dishonesty after allowing another to take his civil service exam, forfeiting benefits and barring re-employment.

Case Summary (G.R. No. 187892)

Findings of Facts and Procedural History

On December 20, 2006, pursuant to CSC Resolution Nos. 062255 and 071493, the CSC-National Capital Region (CSC-NCR) dismissed Andal from government service for dishonesty after determining that he allowed another person to take his Civil Service Professional Examination-Computer Assisted Test (CSPE-CAT). The dismissal was challenged, and the Court of Appeals (CA) initially vacated the CSC’s decision, citing jurisdictional issues, which the Supreme Court later affirmed in December 2009. The case was subsequently re-docketed and referred to various senior justices for investigation due to administrative concerns.

Investigation and Recommendations

On January 15, 2014, Justice Jurado conducted a preliminary investigation, considering that Andal had not taken the CSPE-CAT on January 24, 2000, due to a claimed hangover, which he later admitted while asserting that he was not responsible for allowing someone else to take the test in his stead. Justice Jurado concluded that Andal’s claims were not credible, highlighting inconsistencies in photographic evidence and the lack of corroborating witnesses.

Legal Standards and Core Issues

The legal standard for assessing the respondent's dishonesty required substantial evidence indicating intentional falsehood in securing employment eligibility. The Court defined substantial evidence as that which a reasonable mind would accept as adequate to justify a conclusion. The investigation revealed that the evidence against Andal, primarily focused on impersonation, met this threshold.

Court's Ruling on Dishonesty

The Court adopted Justice Jurado’s recommendation of finding Andal guilty of dishonesty. Contrary to his defense, the Court reasoned that his claims were self-serving, unsubstantiated, and implausible, as it would be unreasonable for another individual to take the test without consent or knowledge. The ruling upheld that the circumstances surrounding Andal's actions demonstrated a gross violation of the standards of honesty and integrity expected from a judiciary employee.

Penalty Imposed

In its final resolution, despite recognizing Justice Jurado's recommendation for only a one-year suspension and noting mitigating factors such as Andal’

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