Title
Largo vs. Court of Appeals
Case
G.R. No. 177244
Decision Date
Nov 20, 2007
NPC employee fired gun during altercation; retired before dismissal. Court ruled retirement doesn’t moot case, modified penalty to fine for conduct prejudicial to service.

Case Summary (G.R. No. 177244)

Case Background

Teodulo V. Largo served as the Section Chief of the Administrative/General Services of the National Power Corporation at the Angat River Hydroelectric Power Plant (ARHEP) located in Norzagaray, Bulacan. He faced serious administrative charges on December 17, 1997, which included grave misconduct and conduct prejudicial to the service, stemming from an incident involving Alan A. Olandesca, a former property officer. The controversy arose from a birthday party altercation where Largo, upon feeling humiliated by Olandesca, allegedly threatened him and discharged a firearm near Olandesca's family.

Investigation and Findings

The investigation conducted by NPC revealed that on October 30, 1997, following a dispute with Olandesca, Largo threatened to kill him and fired his gun, hitting the ground and a water hose. Just after this incident, Largo retired from his position on January 1, 1998. Although initially found liable for simple misconduct with a recommended suspension, the NPC's subsequent Memorandum from the President found Largo guilty of grave misconduct with a dismissal penalty based on the severity of his actions. However, this penalty was later reduced to a one-year suspension due to mitigating circumstances like his first offense and the absence of physical harm.

Administrative Proceedings

Upon appeal by Largo, the CSC affirmed the NPC's decision to classify his actions as grave misconduct and modified the penalty to dismissal, which included the forfeiture of retirement benefits and permanent disqualification from government service. When Largo sought reconsideration, the CSC denied his motion, confirming the administration’s stance against his actions.

Legal Issues Presented

The key issues for resolution were whether Largo's retirement rendered the administrative case moot and whether he was properly dismissed for grave misconduct. Established jurisprudence dictates that retirement does not extinguish the administrative proceedings initiated before such cessation of service; the disciplinary authority retains jurisdiction over cases filed while the official was in active service.

Evaluation of Misconduct

The Court evaluated the substantive nature of the charges against Largo, distinguishing between “grave misconduct” and “conduct prejudicial to the best interest of the service.” It clarified that misconduct requires an act affecting the official duties directly, whereas conduct prejudicial does not necessitate such a relationship. The Court found Largo's behavior in discharging a firearm and threatening to kill Olandesca inconsistent with the standards expected of public officials, falling under conduct prejudicial to service.

Coordinated Conclusion

The Court ultimately determined that wh

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