GR 179245; (July, 2008) (Digest)
G.R. No. 179245; July 23, 2008
RASH C. ROQUE, Petitioner, vs. COURT OF APPEALS, CIVIL SERVICE COMMISSION, THE HON. SECRETARY JOSE D. LINA, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG), Respondents.
FACTS
Petitioner Rash C. Roque, as Regional Director of the Bureau of Fire Protection-National Capital Region (BFP-NCR), approved awards and issued Notices of Award for various supplies for the fourth quarter of 2002 following resolutions from the Prequalifications, Bids and Awards Committee. Payments were subsequently made. Complaints were filed by subordinate officers alleging anomalies, including that the bidding was completed and checks encashed with unusual speed after fund release, and that the fourth-quarter fund was released ahead of an unliquidated third-quarter fund. An investigation team was formed, but petitioner obstructed the probe by instructing a subordinate to refuse opening the stockroom, issuing memoranda countermanding superiors’ orders for inventory, and filing a court petition to stop the investigation.
ISSUE
Whether petitioner is guilty of Grave Misconduct warranting dismissal from the service.
RULING
Yes. The Supreme Court affirmed the findings of the Civil Service Commission and the Court of Appeals. Petitioner committed Grave Misconduct through two categories of acts. First, he exhibited a manifest intent to violate procurement rules. The investigation established that no actual public bidding occurred, supporting documents were fabricated, and disbursement vouchers for substantial amounts were approved without the required certification from the accountant. The Court emphasized that approving multiple vouchers lacking this essential certification negates any claim of good faith and demonstrates a flagrant disregard of established rules, constituting misconduct.
Second, petitioner’s obstructions of the investigation constituted Gross Insubordination. His directives to refuse the stockroom inspection, his memoranda canceling and ordering non-compliance with lawful orders from superiors like the Fire Chief and DILG officials, and his judicial action to halt the investigation were clear acts of defiance against lawful authority. Gross insubordination is a grave offense. Taken together, these acts—corrupt violations of procurement laws and willful disobedience—constitute Grave Misconduct, a grave offense penalized by dismissal for the first offense under civil service rules. The penalty carries forfeiture of retirement benefits, excluding accrued leave credits, and disqualification from re-employment in government service.