GR 140839; (May, 2005) (Digest)
G.R. No. 140839 , May 26, 2005
Abelardo C. Rivas, petitioner, vs. Jesus C. Sison and Armida P. E. Siguion Reyna, in their capacity as Former Chairman and Present Chairman of the Movie and Television Review and Classification Board (MTRCB), respondents.
FACTS
The MTRCB filed an administrative complaint against its Registration Officer II, Abelardo C. Rivas, for conduct grossly prejudicial to the best interest of the service. The charge stemmed from sworn statements by theater owners. Marcelina Concepcion stated her husband paid an annual registration fee to Rivas. Marvin Inigo claimed Rivas collected fees in 1992 and 1993, but no corresponding registration certificates were issued, and the 1993 payment was unrecorded in the official cash book. Leonardo Ungoco, Jr. executed an affidavit stating Rivas called him on June 27, 1996, to warn that MTRCB agents were in Iloilo and to advise immediate payment of registration fees, which Ungoco then did.
After proceedings where Rivas filed various motions instead of a verified answer, the MTRCB Investigating Committee found him guilty and recommended a six-month suspension, which the Board adopted. The Civil Service Commission (CSC) affirmed the decision. The Court of Appeals subsequently denied Rivas’s petition for review. Rivas then elevated the case to the Supreme Court via a petition for review on certiorari.
ISSUE
Whether the evidence presented is sufficient to hold petitioner Abelardo C. Rivas administratively liable for conduct grossly prejudicial to the best interest of the service.
RULING
The Supreme Court granted the petition and reversed the Court of Appeals. The Court held the evidence against Rivas lacked credibility and was insufficient to establish administrative liability. The affidavits of Marcelina Concepcion and Marvin Inigo were deemed lacking in weight. The Court noted the absence of proof that the “Boy Rivas” referred to was the petitioner or that he obtained monetary gain, finding it implausible he would exert effort to collect fees in Guimba, Nueva Ecija, without personal benefit.
Regarding the phone call to Leonardo Ungoco, Jr., the Court ruled that even if true, such an act did not constitute conduct prejudicial to the service. The Court reasoned that reminding a theater owner to pay obligations served the MTRCB’s interest, as it resulted in the prompt payment of fees, causing no damage to the agency. Therefore, the act could not be considered inimical to the service. Consequently, the administrative complaint was dismissed for lack of merit. The MTRCB was ordered to pay Rivas backwages for the suspension period and to reinstate him to his former position as Registration Officer II.