G.R. No. 239995 - Gonzalbo-Macatangay vs. Civil Service Commission

The case involves a Petition for Review on Certiorari filed by Rosa C. Gonzalbo-Macatangay against the Civil Service Commission (CSC).
The petition challenges the decisions of the Court of Appeals, which upheld the CSC's ruling that dismissed Gonzalbo-Macatangay from service for the administrative offense of Conviction of a Crime Involving Moral Turpitude.
The underlying issue arose from Gonzalbo-Macatangay's conviction for Bigamy, as she married Modesto Macatangay while he was still married to Marites L. Calivara.

Gonzalbo-Macatangay served as Secretary in the Passport Division of the Department of Foreign Affairs (DFA).
A complaint was filed against her by Marites, leading to a criminal case for Bigamy, where both Gonzalbo-Macatangay and Modesto pleaded guilty.
The RTC's decision on the Bigamy case became final on October 8, 2002.
Gonzalbo-Macatangay claimed ignorance of Modesto's prior marriage and provided various justifications for her actions, including her lawyer's advice regarding the legality of her marriage.

The CSC-NCR found Gonzalbo-Macatangay guilty of the administrative offense and imposed the penalty of dismissal from service, along with accessory penalties.
The ruling emphasized that Bigamy is a crime involving moral turpitude, which carries administrative liability.

The CSC Proper affirmed the CSC-NCR's decision, stating that the length of service and performance could not mitigate the penalty of dismissal, which is indivisible for such offenses.

The Court of Appeals upheld the CSC's ruling, stating that mitigating circumstances could not be considered due to the grave nature of the offense.
The appellate court denied Gonzalbo-Macatangay's motion for reconsideration.

Gonzalbo-Macatangay contended that the CA erred in not considering mitigating circumstances and argued for a lighter penalty based on her service record and the nature of her offense.
She also claimed a violation of her right to a speedy disposition of cases due to the prolonged proceedings.

The CSC maintained that the penalty of dismissal is indivisible and that mitigating circumstances could not be applied to serious offenses like Bigamy.
The CSC argued that Gonzalbo-Macatangay had knowledge of Modesto's existing marriage and did not raise good faith as a defense during the criminal proceedings.

The Court affirmed the CA's ruling, stating that the imposition of dismissal was proper given Gonzalbo-Macatangay's conviction for a crime involving moral turpitude.
The Court noted that the applicable rules at the time of the administrative case indicated that such offenses are punishable by dismissal upon first commission.

The Court acknowledged that mitigating circumstances could be considered but...continue reading