FIRST DIVISION
[G.R. No. 219285. September 16, 2019.]
REBECCA AISON ESCUETA, petitioner, vs.JENNY ANNE B. SARMIENTO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 16, 2019which reads as follows:
"G.R. No. 219285 (Rebecca Aison Escueta v. Jenny Anne B. Sarmiento)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the December 3, 2014 Decision 2 and the June 26, 2015 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 131396 for failure of petitioner Rebecca Aison Escueta (petitioner) to sufficiently show that the CA committed any reversible error in affirming her administrative liability for Grave Misconduct, Dishonesty, and Conduct Prejudicial to the Best Interest of the Service.
As correctly ruled by the CA, petitioner committed the administrative offenses of Grave Misconduct, 4 Dishonesty, 5 and Conduct Prejudicial to the Best Interest of the Service, 6 when she intentionally and deliberately made omissions and misrepresentations in her application for leave in order to conceal the fact that she only had 5.37 days of vacation leave credits, thereby resulting in prejudice to the government as she was paid her salaries on those days when she was absent despite the fact that she no longer had any vacation leave credits to cover for the same. 7
Further, the petition is likewise dismissible for petitioner's failure to attach a copy of the Civil Service Commission Main Office's July 29, 2013 Decision, a material portion of the record, pursuant to Section 4 (d), 8 in relation to Section 5 of Rule 45 of the Rules of Court.
SO ORDERED." Bersamin, C.J.andGesmundo, J., both on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 7-27.
2.Id. at 29-41. Penned by Associate Justice Socorro B. Inting with Associate Justices Jose C. Reyes, Jr. (now a Member of the Court) and Eduardo B. Peralta, Jr., concurring.
3.Id. at 42-43.
4. "Misconduct generally means wrongful, improper or unlawful conduct motivated by a premeditated, obstinate or intentional purpose. It is intentional wrongdoing or deliberate violation of a rule of law or standard of behavior and to constitute an administrative offense, the misconduct should relate to or be connected with the performance of the official functions and duties of a public officer. It is a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a public officer.
x x x In grave misconduct, as distinguished from simple misconduct, the elements of corruption, clear intent to violate the law, or flagrant disregard of an established rule must be manifest." (Ombudsman v. Espina, 807 Phil. 529, 540-541 [2017].)
5. "Dishonesty which is defined as the 'disposition to lie, cheat, deceive, or defraud; untrustworthiness, lack of integrity,' is classified in three (3) gradations, namely: serious, less serious, and simple. Serious dishonesty comprises dishonest acts: (a) causing serious damage and grave prejudice to the government; (b) directly involving property, accountable forms or money for which respondent is directly accountable and the respondent shows an intent to commit material gain, graft and corruption; (c) exhibiting moral depravity on the part of the respondent; (d) involving a Civil Service examination, irregularity or fake Civil Service eligibility such as, but not limited to, impersonation, cheating and use of crib sheets; (e) committed several times or in various occasions; (j) committed with grave abuse of authority; (g) committed with fraud and/or falsification of official documents relating to respondent's employment; and (h) other analogous circumstances." (id. at 541-542.)
6. "Acts may constitute conduct prejudicial to the best interest of the service as long as they tarnish the image and integrity of his/her public office." (Ombudsman-Visayas v. Castro, 759 Phil. 68, 79 [2015], citing Pia v. Gervacio, 710 Phil. 196, 206 [2013].)
7. See rollo, p. 37.
8. Section 4. Contents of petition. — The petition shall be filed in eighteen (18) copies, with the original copy intended for the court being indicated as such by the petitioner, and shall (a) state the full name of the appealing party as the petitioner and the adverse party as respondent, without impleading the lower courts or judges thereof either as petitioners or respondents; (b) indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received; (c) set forth concisely a statement of the matters involved, and the reasons or arguments relied on for the allowance of the petition; (d) be accompanied by a clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court a quo and the requisite number of plain copies thereof, and such material portions of the record as would support the petition; and (e) contain a sworn certification against forum shopping as provided in the last paragraph of Section 2, Rule 42. (Emphasis supplied)