AM 06 12 720 RTC; (October, 2008) (Digest)
G.R. No.: A.M. No. 06-12-720-RTC; October 17, 2008
Case Parties: Re: Disapproval of the Permanent Appointment of Mr. Godofredo C. De Leon, as Clerk III, Regional Trial Court, Branch 40, Manila by the Civil Service Commission. Godofredo C. De Leon, respondent.
FACTS
1. Godofredo C. De Leon (respondent), a Utility Worker I, was issued a promotional appointment as Clerk III in the Regional Trial Court (RTC), Branch 40, Manila, which was forwarded to the Civil Service Commission (CSC) for approval on September 16, 2005.
2. In support of his appointment, he submitted a Personal Data Sheet (PDS) stating he was a Career Service Sub-Professional eligible and an authenticated CSC Report of Rating showing he passed the corresponding examination on November 20, 1977, with a rating of 78.77%.
3. The CSC disapproved the appointment on October 14, 2005, after a certification from its Integrated Records Management Office revealed that the respondent’s name was not in the masterlist of eligibles and that the eligibility belonged to his brother, Reynaldo C. De Leon. The submitted Report of Rating had been tampered with, changing Reynaldo’s name to Godofredo.
4. The Office of the Court Administrator (OCA) directed the respondent to show cause on November 25, 2005. The CSC also filed a Formal Charge for Dishonesty against him on November 20, 2006.
5. In his counter-affidavit to the CSC, the respondent initially claimed he inadvertently included his brother’s Report of Rating without tampering and only noticed the error a week after submission.
6. In his subsequent Explanation/Comment to the Court dated May 4, 2007, the respondent admitted that he changed his brother’s name to his own on the authenticated CSC Report of Rating. He pleaded for mercy, citing his family’s welfare as his motivation.
7. The OCA, in a Memorandum dated January 4, 2008, found the respondent guilty of Dishonesty and Falsification of Official Document and recommended dismissal from service with forfeiture of retirement benefits (excluding accrued leave credits) and prejudice to reemployment.
ISSUE
Whether the respondent, Godofredo C. De Leon, is administratively liable for Dishonesty and Falsification of Official Document warranting the penalty of dismissal from service.
RULING
The Supreme Court found the respondent GUILTY of Dishonesty and Falsification of Official Document and DISMISSED him from the service.
1. The respondent’s acts of falsifying a CSC Report of Eligibility, submitting it, and making a false statement in his PDS constitute Dishonesty and Falsification of a Public Document. Dishonesty implies a disposition to lie, cheat, deceive, or defraud and is a serious offense reflecting moral decay.
2. These are grave offenses under Section 23, Rule XIV of the Omnibus Civil Service Rules and Regulations, warranting the penalty of dismissal even for a first offense.
3. The Court emphasized that public office is a public trust, and employees in the judiciary must uphold the strictest standards of integrity, probity, and honesty. The respondent failed to meet this standard.
4. The Court rejected the respondent’s plea for leniency based on his desire to provide for his family and his eventual remorse. The transgression of the law and judicial norms cannot be overlooked, as he proved himself unfit for service in the Judiciary.
5. The penalty imposed is dismissal from the service with prejudice to reemployment in any government agency or government-owned/controlled corporation, and forfeiture of all retirement benefits except accrued leave credits. The decision is immediately effective.
