Title
Civil Service Commission vs. Cayobit
Case
G.R. No. 145737
Decision Date
Sep 3, 2003
Evelyn Cayobit, an NHA employee, submitted a fake civil service eligibility certificate, falsely claiming a passing score. The Supreme Court upheld her dismissal for dishonesty and grave misconduct, citing the CSC masterlist as definitive proof of her failure.
civil service commission
cayobit
government employee

Case Summary (G.R. No. 145737)

Administrative Complaint and Events Leading to Charges

The material events began when, on September 29, 1993, Carmelita Bernardino, a Senior Specialist at petitioner’s field office in NHA, came across respondent’s appointment papers while processing them. Bernardino discovered that respondent’s eligibility was not entered in the service card on file at the field office. To verify petitioner’s records, Bernardino visited petitioner’s National Capital Region office on October 18, 1993 and found that respondent was not included in the passing list on file.

The matter was referred upward to Director Imelda Abueng, who verified respondent’s eligibility with petitioner’s central office. That verification relied on petitioner’s masterlist of eligibles, and it showed that respondent had obtained a failing mark of 40.96%. As a result, respondent’s appointment was disapproved. On October 25, 1993, petitioner formally charged respondent with dishonesty and grave misconduct, alleging that respondent submitted a xerox copy of a certificate of eligibility purportedly showing that she had passed the July 30, 1989 career service examination, but that verification established she had failed with a rating of 40.96%.

CSC’s Ruling and the Penalty Imposed

After a hearing, petitioner found respondent guilty. In a resolution dated January 5, 1995, petitioner declared that there was substantial evidence proving the offenses charged and ordered respondent’s dismissal from the service, with accessory penalties of perpetual disqualification from taking any civil service examination and disqualification from holding public office.

Proceedings Before the Court of Appeals

Respondent challenged petitioner’s resolution by filing a Petition for Certiorari on March 29, 1995. The Supreme Court referred the petition to the Court of Appeals for proper disposition, and it was docketed as CA-G.R. SP No. 36978. Under the Court of Appeals’ guidance stemming from Dennis Lazo v. Civil Service Commission, the appellate court required petitioner to retrieve and submit respondent’s answer sheets. Petitioner’s Management Information Office responded that the answer sheets had already been disposed of pursuant to CSC Resolution No. 87-070, which authorized destruction or disposal of answer sheets of examinees who passed after five (5) years from the date of release of the examination.

In a decision dated February 15, 2000, the Court of Appeals granted respondent’s petition and nullified petitioner’s CSC Resolution No. 95-0111, reasoning that there was no substantial evidence to prove respondent’s offenses. The Court of Appeals later denied petitioner’s motion for reconsideration in a resolution promulgated on October 12, 2000.

Issues Raised in the Supreme Court

Petitioner then pursued the present course of action, contending that the Court of Appeals erred in finding an absence of substantial evidence for dishonesty and grave misconduct, and that the appellate court erred in holding that the masterlist of eligibles was not the primary record of civil service eligibility.

The Supreme Court treated the second issue as crucial, because determining whether the masterlist was the primary record directly affected whether respondent’s guilt could be supported by substantial evidence.

Whether the Masterlist of Eligibles Is the Primary Record of Eligibility

The Court held that the masterlist of eligibles is the primary record of civil service eligibility. It anchored that conclusion on Executive Order No. 292 and the implementing rules, which required the Commission to keep a register of eligibles listing passers and their ratings. Under Sec. 24, Register of Eligibles, the names of competitors who pass are to be entered in a register of eligibles arranged by general ratings and containing information deemed necessary. The implementing rules similarly required that examinees who obtained required passing grades be entered in a register of eligibles.

The Court explained that petitioner prepares and keeps the masterlist of eligibles as the list of examinees who passed and failed a given examination, containing the examinees’ complete names, their general ratings, and other personal information such as places and dates of birth and home addresses. It emphasized that the masterlist is maintained for record and verification purposes and is used to counter-check entries in certificates of eligibility, including whether the score stated therein is true and correct.

The Court further reasoned that treating the certificate of eligibility as the primary record, as the Court of Appeals had effectively done, would deprive petitioner of any meaningful process of corroboration when verifying eligibility for applicants with permanent status. The Court underscored the risk that forgery and counterfeiting could become easy with technological advancement, and it held that this danger confirmed the necessity of an official verification source. For these reasons, the Court held that the masterlist prevails over contrary entries when the Commission must verify an applicant’s eligibility.

Whether Substantial Evidence Existed to Prove Dishonesty and Grave Misconduct

Having held that the masterlist is the primary record, the Court proceeded to the first issue: whether the evidence established that respondent used a fake or spurious certificate of eligibility. Petitioner argued that respondent’s failing grade, as reflected in the masterlist for the July 30, 1989 examination, contradicted the rating stated in her certificate of eligibility. Petitioner also invoked the presumption that one found in possession of a forged document and who used it is presumed to be the one who forged it or caused the forgery, absent a satisfactory explanation, and petitioner concluded that such use constituted dishonesty and grave misconduct punishable by dismissal.

The Court agreed with petitioner’s contentions. It defined dishonesty as the concealment or distortion of truth in a matter of fact relevant to one’s office or connected with the performance of duty, and it characterized dishonesty as a serious offense reflecting moral decay that destroys honor, virtue, and integrity. The Court noted the strong policy concern about its debilitating effect on government service.

The Court then relied on the civil service rules that categorize the procurement and/or use of fake/spurious civil service eligibility as a grave offense of Dishonesty, Grave Misconduct or Conduct Prejudicial to the Best Interest of the Service. It cited CSC Memorandum Circular No. 15, Series of 1991, which included within such grave offenses acts that include procurement and/or use of fake or spurious civil service eligibility, assistance to ensure its commission, cheating, collusion, impersonation, or any anomalous act that violates civil service examination rules.

Applying these standards, the Court found substantial evidence of wrongdoing. It observed that the masterlist showed respondent obtained a failing grade of 40.96% in the July 30, 1989 examination. This fact contradicted the 81.20% rating stated in her certificate of eligibility, which she had presented in support of her appointment as Senior Livelihood Officer. Because the masterlist was the primary record and is treated as an official record, the Court held that entries therein are presumed genuine and accurate unless proven otherwise.

The Court relied on Section 44, Rule 130 of the Revised Rules of Evidence, which provides that entries in official records made in the performance of duty by a public officer are prima facie evidence of the facts stated therein. It then emphasized that respondent failed to explain the discrepancy between the masterlist and her certificate. She did not show that the score on her certificate resulted from an error by petitioner’s personnel. The Court also pointed out that respondent did not even obtain a certification from petitioner establishing that her certificate was issued by it. Respondent’s claim that she had only received the certificate by mail and used it under a false impression of genuineness was found to be unpersuasive.

The Court further considered the testimony of three witnesses—Adorie Sison, Clemente Daseco, and Flordeliza M. Sanchez—who, according to petitioner, merely testified that they received the certificate of eligibility in question from respondent. The Court held that such testimony could not rebut the controlling fact that respondent failed the examination and therefore did not possess eligibility, since their belief was premised solely on reliance upon the certificate rather than on independent verification.

The Supreme Court adopted petitioner’s factual assessment that the testimonies of the witnesses failed to rebut the fact that respondent did not pass and had no eligibility, and that respondent also failed to prove the absence of participation in procurement of eligibility. On that basis, the Court accepted the established facts and concluded that respondent procured and used a fake or spurious certificate of eligibility and thereby committed dishonesty and grave misconduct.

Evidentiary Standard in Administrative Proceedings

The Court clarified the governing evidentiary threshold in administrative cases. It reiterated that administrative proceedings require only substantial evidence, defined as such relevant evidence that a reasonable mind might accept as adequate to support a conclusion, even if other minds might reasonably differ. It further explained that the standard is satisfied when there is a reasonable ground to believe the respondent responsible for the misconduct, even wh

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