G.R. No. 171434; April 23, 2010
NATIONAL POWER CORPORATION, Petitioner, vs. ALAN A. OLANDESCA, Respondent.

FACTS

Respondent Alan A. Olandesca, a Supervising Property Officer at the National Power Corporation (NPC), was administratively charged with Acts of Dishonesty. The charge stemmed from his withdrawal of various materials (e.g., barbed wires, interlink wires) from the NPC warehouse on multiple occasions from November 1996 to January 1997 without the required Warehouse Requisition Slip (WRS). He transported some items at night using a corporate vehicle. Olandesca used these materials to fence two development areas within the NPC Angat Watershed reservation. He replaced all items three days after his last withdrawal. Following a complaint, NPC’s Regional Board of Inquiry and Discipline found him guilty and recommended dismissal, which was upheld by the NPC President and the Civil Service Commission (CSC).

ISSUE

Whether the Court of Appeals erred in setting aside the penalty of dismissal imposed on respondent Olandesca.

RULING

The Supreme Court affirmed the Court of Appeals but modified the offense and penalty. The Court held that Olandesca’s actions did not constitute dishonesty, which requires a deliberate intent to deceive, distort, or mislead for personal gain. The evidence showed he withdrew materials for a legitimate corporate purpose—securing NPC watershed areas—and he promptly replaced them. His act of recording the withdrawals in the security logbook negated any clandestine intent. However, he did violate a reasonable office rule by bypassing the mandatory WRS procedure. For this light offense under the Civil Service Rules, the appropriate penalty is reprimand, not dismissal. The Court emphasized that penalties must be commensurate to the offense and adhere to equity and justice. Thus, Olandesca was found guilty of violating a reasonable office rule and regulation and was reprimanded with a stern warning.