Case Summary (G.R. No. 235764)
Background Facts
On September 17, 2010, Atty. Rogel Gatchalian, the District Collector, appointed Arnel Tabije as a Special Collection Officer in the Bureau of Customs. Tabije ceased reporting for work in December 2010, and following an audit conducted by Crisol, it was discovered that Tabije had not deposited Php425,555.52 in collections and failed to turn over an auction fund passbook. Attempts to rectify this with Tabije were unsuccessful, leading to a referral to the Audit Team Leader at the COA.
Proceedings and Findings
An investigation revealed Tabije's absence during the proceedings and concluded with recommendations to charge him with dishonesty and gross neglect of duty. The audit produced a Notice of Charge detailing the unremitted collections, which initially included Atty. Gatchalian and Crisol as liable parties. However, on appeal, both Gatchalian and Crisol were excluded from liability due to the lack of evidence indicating their bad faith or negligence.
COA Review and Liability
The COA later reviewed and reversed the exclusion of Crisol, determining that he failed to supervise Tabije adequately and did not meet the standards of diligence required for his position. This decision directed a referral to the Office of the Ombudsman for potential charges against both Crisol and Tabije. The COA ruled that Crisol, as Chief of the Cash Division, had a supervisory responsibility that mandated monitoring his subordinate’s compliance with financial protocols.
Legal Arguments and Judicial Review
In seeking to overturn the COA's ruling, Crisol argued that the decision exhibited abuse of discretion and that his actions did not amount to gross negligence. The court typically refrains from entertaining appeals against COA decisions unless exceptional circumstances exist, such as clerical errors or significant injustices arising post-decision.
Court Findings on Gross Negligence
The court reiterated that for liability to be established under the Administrative Code, clear evidence of bad faith, malice, or gross negligence must be presented. While recognizing Crisol's negligence, the court held that it did not reach the threshold of gross negligence, w
...continue readingCase Syllabus (G.R. No. 235764)
Case Overview
- The case involves Rafael M. Crisol, Jr. (Petitioner) challenging the Commission on Audit (COA) regarding his exclusion from civil liability for a subordinate's failure to remit collections amounting to Php425,555.53.
- The decision of COA dated November 9, 2016, and the resolution dated September 7, 2017, are the primary subjects of the petition for certiorari.
- The Court examines the conditions under which a superior public officer can be held civilly liable, specifically addressing the concepts of bad faith, malice, and gross negligence.
Background Facts
- Appointment and Responsibilities: On September 17, 2010, District Collector Atty. Rogel Gatchalian appointed Arnel Tabije as Special Collection Officer (SCO) at the Bureau of Customs (BOC).
- Subordinate's Absence: By December 2010, Tabije no longer reported to work, prompting Gatchalian to require his reporting.
- Audit Findings: In January 2011, Crisol conducted an audit revealing Tabije's failure to deposit Php425,555.52 and his absence of required documents.
- Notification and Investigation: Crisol notified Tabije on February 28, 2011, to settle the discrepancies. After Tabije did not respond, the case was escalated to the Audit Team Leader for investigation.
- Charges Against Tabije: Tabije faced charges for dishonesty, unauthorized absences, inefficiency, and gross neglect of duty, which were approved by the R