Case Summary (G.R. No. 189878)
Factual Background
On June 8, 2009, at approximately 8:00 a.m., while attempting to unload his service pistol for a shift turnover, Enrique E. Manabat, Jr. accidentally fired the weapon. This incident was reported by Mr. Reynaldo V. Dianco, Chief of the CA Security Services Unit, which led to an investigation and a recommendation for Manabat's dismissal due to gross neglect of duty.
Formal Charges and Respondent's Defense
A formal charge was filed against Manabat on June 22, 2009, accusing him of gross neglect of duty and conduct prejudicial to the service. In his written response, Manabat asserted that the discharge was accidental, not due to any bad faith, and that he had followed standard safety procedures by pointing the gun's muzzle towards a safe direction. He further argued that the weapon may have been defective, as similar firearms had malfunctioned during a recent training course.
Investigative Findings and Recommendations
After a thorough investigation, the CA Clerk of Court determined that while Manabat was not guilty of gross neglect of duty, he was liable for simple neglect, recommending a penalty of suspension for one month and one day without pay, accompanied by a warning for future conduct.
Office of the Court Administrator's Review
The Office of the Court Administrator (OCA) reviewed the case and upheld the finding of simple neglect of duty. The OCA pointed out that while Manabat did not demonstrate gross negligence, his failure to ensure the firearm was clear before unloading still constituted neglect. They also dispelled his claims regarding the alleged defect of the firearm, confirming that it had not been reported as malfunctioning.
Ruling of the Court
The Court agreed with the OCA's findings. It noted that while the discharge of the firearm may stem from mechanical failure or operator error, Manabat's actions exhibited carelessness, as basic firearm safety protocols were not rigorously adhered to. The Court clarified that not all incidents of negligence rise to the level of gross neglect, thus affirming that Manabat's actions were not willful or intentionally reckless.
Penalty Imposed
The Court imposed a penalty of suspension for one month and one day without pay, deeming it appropriate given the circumstances and the fact that
...continue readingCase Syllabus (G.R. No. 189878)
Case Overview
- This case pertains to an administrative complaint filed against Enrique E. Manabat, Jr., a Security Guard I at the Court of Appeals, for gross neglect of duty and conduct prejudicial to the best interest of the service.
- The incident occurred on June 8, 2009, when Manabat accidentally discharged his service pistol while unloading it.
Incident Details
- The accidental discharge happened at approximately 8:00 a.m. in the guardhouse of the Court of Appeals.
- Manabat was in the process of unloading his service pistol, a 9mm FEG Hungary, to turn it over to the on-duty guard, SG1 Miguel Tamba.
- Following the incident, a report by Mr. Reynaldo V. Dianco, Chief of the CA Security Services Unit, recommended Manabat's dismissal for gross neglect of duty.
Charges and Investigations
- On June 22, 2009, formal charges were filed against Manabat, and he was required to submit a written answer.
- In his response, Manabat claimed the discharge was purely accidental and not due to bad faith or negligence, asserting that he followed safety procedures.
- He indicated that the incident may have resulted from a defect in the pistol, referencing prior malfunctions during training at Camp Crame.
Findings of the Investigation
- The CA Clerk