Case Summary (G.R. No. 110053)
Factual Background and Investigation
In a sworn complaint submitted to the National Bureau of Investigation (NBI), Mayor Esturas charged Saa with engaging in the game of mahjong almost daily during regular working hours, particularly in the afternoons. Following this complaint, the NBI was granted clearance by the Office of the Ombudsman to conduct an investigation. On May 29, 1989, NBI agents initiated surveillance on Saa, and on May 30, they observed him allegedly playing mahjong, although initial photographs could not be captured due to obstructive curtains. The next day, the agents successfully took photographs of him playing the game during office hours.
Testimonies and Findings
The surveillance findings were followed by an investigation led by Executive Judge Luis D. Dictado, who received testimonies, including those of NBI Photographer Bonifacio Acosta. Acosta's accounts confirmed that he witnessed Saa playing mahjong on May 31, 1989. Respondent Rolando Saa testified in his defense, stating that he played at the request of Mayor Esturas, who, according to Saa, was busy with other visitors, leading him to believe that he was not at fault. Saa maintained that he had no prior knowledge of the surveillance and claimed that the Mayor may have had ulterior motives related to political vendetta. Notably, the Mayor failed to appear in court to provide testimony to support his complaint.
Admission of Guilt and Recommendation
Despite his defense, Saa admitted to playing mahjong during office hours on both observed occasions, which constituted a violation of civil service rules. While the Investigating Judge concluded that Saa's actions merited a finding of guilt, mitigating circumstances were also recognized. Notably, Saa's admission of guilt and the context of being encouraged by Mayor Esturas were cited as factors warranting a lighter punishment.
Court's Decision
The Court concurred with the findings and recommendations of Judge Dictado, emphasizing the principles g
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Case Overview
- The case involves a complaint filed by Mayor Rolando O. Esturas against Rolando Saa, the Clerk of Court of the Municipal Circuit Trial Court of Capalonga, Camarines Norte.
- The basis of the complaint is Dereliction of Duty, specifically for playing mahjong during regular office hours.
Complaint and Investigation
- The National Bureau of Investigation (NBI) was authorized by the Office of the Ombudsman to investigate the complaint.
- On May 29, 1989, NBI agents, including Senior Agent Manuel Briones, Security Officer Roberto Vale, and photographer Bonifacio Acosta, were dispatched to observe Saa.
- Initial surveillance on May 30, 1989, was obstructed due to a curtain, preventing the photographer from capturing evidence of Saa playing mahjong.
- The following day, on May 31, 1989, the agents successfully took photographs of Saa engaged in the game during office hours.
Testimonies and Findings
- Executive Judge Luis D. Dictado submitted a report based on the NBI's findings, which included testimonies from the involved parties.
- Bonifacio Acosta testified that h