FIRST DIVISION
[G.R. No. 242575. January 10, 2019.]
MA. LUZ J. GABAYOYO, petitioner,vs. GUIMARAS STATE COLLEGE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 10, 2019 which reads as follows:
"G.R. No. 242575 (Ma. Luz J. Gabayoyo v. Guimaras State College). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review, the Court resolves to DENY the petition for failure to establish that the Court of Appeals (CA) committed any reversible error in affirming the Decision and Resolution of the Civil Service Commission (CSC), which affirmed the Resolution of the Guimaras State College (GSC) Board of Trustees finding petitioner guilty of dishonesty, grave misconduct, and conduct prejudicial to the best interest of service. The CA correctly ruled that petitioner's allegation that "the CSC committed reversible error in affirming the ruling of the GSC Board of Trustees as there is no Commission on Audit x x x finding of non-liquidation of illegal disbursement of funds and that there is no proof of forgery" deserves no consideration for being raised for the first time on appeal. 1 None of the exceptions to this rule are present in this case. Hence, to permit petitioner to change her theory on appeal would offend the basic rules of fairness and due process. 2 Records also show that substantial evidence exists to support the finding of her guilt. Consequently, no error was committed by the CA.
WHEREFORE, the petition is DENIED. The Decision dated April 20, 2018 and Resolution dated September 4, 2018 of the Court of Appeals in CA-G.R. CEB-SP No. 09788 are hereby AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, p. 61.
2.Chinatrust (Phils.) Commercial Bank v. Turner, G.R. No. 191458, July 3, 2017, 828 SCRA 499, 516, citing Philippine Ports Authority v. City of Iloilo, G.R. No. 109791, July 14, 2003, 406 SCRA 88.