Case Summary (A.M. No. 2016-03-SC, 16-06-07-SC)
Complaint Allegations
The complaint, filed on January 6, 2016, accused Engr. Sanchez and Hallera of grave misconduct related to unauthorized excavation activities intended to search for hidden treasures. The excavations were reportedly conducted near the cottages of Associate Justices Presbitero J. Velasco, Jr. and Martin S. Villarama, Jr. Carbonel claimed that these activities compromised the structural integrity of the cottages.
Initial Investigation Findings
Following the complaint, the Office of Administrative Services (OAS) dispatched an investigative team to the site on January 8, 2016. The team did not initially observe signs of excavation but recommended a formal inquiry after discovering that Hallera had concealed a hole on the property. On January 11, 2016, Sanchez and Hallera were given a copy of the complaint and asked to respond, which they both did on January 14, 2016, denying any wrongdoing.
National Bureau of Investigation (NBI) Involvement
A separate investigation was conducted by the National Bureau of Investigation (NBI) at the request of Associate Justice Marvic Mario Victor F. Leonen. The NBI’s Final Report, issued on June 7, 2016, identified two excavation sites associated with the complaint. Evidence indicated that Hallera and Carbonel engaged in treasure-hunting activities in 2013-2014, while Sanchez was implicated in ongoing activities near Cottage J.
NBI's Recommendations
The NBI suggested charges against all three individuals, specifically for violating Section 48 of Republic Act No. 10066, the National Cultural Heritage Act of 2009. They posited that their actions were not just unauthorized, but undermined the integrity of judicial facilities, warranting severe disciplinary measures.
OAS Report and Recommendations
On September 19, 2016, the OAS issued a Consolidated Report that upheld the NBI's findings regarding Hallera and Carbonel, recommending their dismissal for grave misconduct. However, the allegation against Engr. Sanchez was deemed unsubstantiated, primarily due to insufficient corroborative evidence.
Court's Ruling on Administrative Liability
Upon review, the Court confirmed the findings against Hallera and Carbonel, determining that their actions amounted to grave misconduct. The Court defined misconduct as any significant deviation from the expected conduct of a public officer, especially when involving unlawful behavior. Their unauthorized actions directly impinged upon the integrity of the Supreme Court and were executed covertly without authorization.
Penalties Imposed
The Court ruled that the appropriate penalty for both Hallera and Carbonel was immediate termination of their employment due to the severity of their offe
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Background of the Case
- This administrative matter revolves around complaints of illegal and unauthorized digging and excavation activities within the Supreme Court Compound in Baguio City.
- The complaint was filed on January 6, 2016, by Elvie A. Carbonel, a casual Utility Worker II in the Maintenance Unit, against Engr. Teofilo G. Sanchez, the SC Supervising Judicial Staff Officer, and Edgardo Z. Hallera, another casual Utility Worker II.
- The allegations included grave misconduct related to excavation activities purportedly conducted to search for hidden Japanese treasures near Cottages F and J, occupied by Associate Justices.
Allegations and Initial Investigation
- Carbonel claimed that Engr. Sanchez directed Hallera to excavate the area, compromising the structural integrity of the cottages.
- Following the complaint, the Office of Administrative Services (OAS) dispatched a three-man team to investigate. Initial findings showed no visible signs of excavation; however, employees later confirmed the existence of a concealed hole.
- Engr. Sanchez and Hallera were ordered to submit comments regarding the allegations, both of whom denied any wrongdoing.
Findings of the National Bureau of Investigation (NBI)
- The NBI conducted an independent investigation at the request of As