GR 99302; (November, 1992) (Digest)
G.R. No. 99302 November 27, 1992
GERMAN P. ZAGADA, petitioner, vs. THE CIVIL SERVICE COMMISSION and VEDASTO R. ORETA, respondents.
FACTS
In September 1984, a letter-complaint was filed by private respondent Vedasto R. Oreta against petitioner German P. Zagada and Nestor Valdez for acts prejudicial to public interest, specifically falsification of an entry in the district plantilla of personnel for calendar year 1981. The affidavit of key witness Cesario Guinoo, the clerk responsible for preparing the plantilla, alleged that while he was finalizing the draft, petitioner Zagada, together with Valdez, asked him to adjust the plantilla to list Valdez as EGT-5 instead of EGT-3, without presenting proof of Valdez’s qualification for EGT-5. Valdez admitted he was not qualified for EGT-5 and was receiving only the salary for EGT-3 plus a merit increase. Zagada denied participation, claiming the plantilla had already been certified correct and submitted by his predecessor, Eleanor Osea, before he assumed office as District Supervisor. The Civil Service Commission found Zagada guilty of grave misconduct and imposed a one-year suspension without pay, modifying the earlier decision of the Merit Systems Protection Board which had imposed a six-month fine without pay.
ISSUE
Whether the Civil Service Commission committed grave abuse of discretion in finding petitioner German P. Zagada guilty of grave misconduct based on the evidence presented.
RULING
The Supreme Court granted the petition and exonerated petitioner German P. Zagada. The Court found that the Civil Service Commission’s finding of guilt was based on insufficient evidence, constituting a denial of administrative due process and amounting to grave abuse of discretion. The affidavit of Cesario Guinoo was deemed self-serving and insufficient to constitute substantial evidence. The Court noted that the plantilla had been certified correct by the previous Officer-in-Charge before Zagada assumed office, the original plantilla was not presented as evidence, and there was no indication of Zagada’s signature or initials on the document. The assailed Resolutions of the Civil Service Commission were annulled and set aside.