GR 154668; (December, 2004) (Digest)
G.R. No. 154668 , December 16, 2004
Wilfred A. Nicolas vs. Aniano A. Desierto
FACTS
Petitioner Wilfred A. Nicolas, then Commissioner of the Economic Intelligence and Investigation Bureau (EIIB), was found administratively liable for Gross Neglect of Duty by the Office of the Ombudsman. The case stemmed from the apprehension of a misdeclared container van (declared as rock crusher parts but containing electronics) by EIIB agents. Upon the recommendation of his subordinate, J. Francisco Arriola, Nicolas issued a Notice of Withdrawal for the release of the shipment after being presented with documents purportedly showing payment of customs duties. It was later discovered these documents were spurious. The Ombudsman ruled that Nicolas failed in his duty by not informing the Bureau of Customs of the apprehension and by not verifying the authenticity of the presented documents before ordering the release, imposing the penalty of dismissal.
ISSUE
Whether the Office of the Ombudsman correctly held petitioner Wilfred A. Nicolas administratively liable for Gross Neglect of Duty.
RULING
No. The Supreme Court reversed the findings of the Ombudsman and the Court of Appeals, absolving petitioner Nicolas of administrative liability. The Court, while generally not a trier of facts, intervened due to a clear misapprehension of facts by the lower bodies. The legal logic centered on the standard of diligence required of a high-ranking public official acting as a final approving authority. The Court held that such an official cannot be expected to personally examine every minute detail of each transaction. Good faith and reliance on the recommendations of competent subordinates and the regularity of official documents are permissible. Nicolas acted based on the official recommendation of his subordinate, Arriola, and the supporting documents that appeared regular on their face. There was no evidence he was aware of the documents’ spurious nature. His act of ordering an inventory upon apprehension and acting on a subordinate’s recommendation constituted due diligence under the circumstances. The failure to immediately notify the Bureau of Customs was not a gross neglect warranting dismissal, as the EIIB had initial jurisdiction for investigation under its charter. Thus, the penalty imposed was not justified.