AM 02 2 09 SC; (July, 2002) (Digest)
A.M. No. 02-2-09-SC July 25, 2002
RE: Report on the Unauthorized Use by Bernardo S. Ditan, An Employee of this Court, of the Lite Ace with Plate No. SEA 746.
FACTS
Bernardo S. Ditan, a Utility Worker II in the Property Division, Office of the Administrative Services of the Supreme Court, was directed on October 15, 2001, to bring the Court’s Lite Ace van (Plate No. SEA-746) to the Philippine Auto Rally in Makati City for air-conditioning system repair, as authorized by Driver’s Trip Ticket No. 4078. After the repair was completed at around 1:00 p.m. on the same day, Ditan did not return the vehicle to the Court. Instead, he went to his residence, where he learned of an emergency call from Nasugbu, Batangas, regarding his ailing father who needed to be taken to San Lazaro Hospital. Ditan then drove the vehicle to Nasugbu without seeking permission from his superiors. On October 16, 2001, while returning to Manila early in the morning, the vehicle figured in an accident along Aguinaldo Highway in Alfonso, Cavite, causing damages amounting to P147,844.00. Ditan admitted in his written explanation that he failed to secure prior authorization for using the vehicle for personal purposes due to his worry over his father’s condition.
ISSUE
Whether Bernardo S. Ditan is administratively liable for the unauthorized use of the Supreme Court’s vehicle.
RULING
Yes, Bernardo S. Ditan is guilty of Simple Neglect of Duty. The Court acknowledged that Ditan’s act was motivated by a desire to assist his ailing father. However, he failed to uphold his official duty by not communicating with his office to seek permission for the unauthorized use of the vehicle, despite having ample opportunity to do so. His actions constituted a failure to secure prior authority as required, prioritizing personal interest over public interest. As a court employee, Ditan is expected to exemplify integrity and responsibility. Under Section 52, Rule IV of the Civil Service Commission Memorandum Circular No. 19, Series of 1999, simple neglect of duty committed for the first time is punishable by suspension of one month and one day to six months. Accordingly, the Court suspended Ditan without pay for six (6) months. Additionally, Mr. Jaime O. Mendoza, Chief of the Property Division, was directed to cause the repair of the vehicle through the GSIS Comprehensive Insurance Policy within five (5) days from receipt of the resolution.