SECOND DIVISION
[G.R. No. 242218. December 5, 2018.]
CRISTINA V. TORRES, petitioner,vs. NICASIO C. REYES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 05 December 2018 which reads as follows:
"G.R. No. 242218 (Cristina V. Torres v. Nicasio C. Reyes)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the March 20, 2018 Decision 2 and the September 25, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 142887 for failure of petitioner Cristina V. Torres (petitioner) to sufficiently show that the CA committed any reversible error in finding her administratively liable for Simple Neglect of Duty.
As correctly ruled by the CA, there was substantial evidence to hold petitioner liable for Simple Neglect of Duty. 4 Records show that petitioner, being the Head of the Finance Division of the City of Malolos Water District, failed to exercise due care and prudence in ascertaining that the voucher and checks were in proper order before their issuance to the payees. 5 It is settled that Simple Neglect of Duty is a disregard of, or a failure to give proper attention to a task expected of an employee, 6 as shown in this case.
Moreover, it bears stressing that the issues raised in the instant petition are factual in nature, and thus, outside the province of a Rule 45 petition. It is settled that factual findings of administrative agencies, such as the Civil Service Commission, when affirmed by the CA, are conclusive upon and generally not reviewable by this Court, 7 unless they fall within the recognized exceptions, 8 which do not obtain in this case.
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 7-33.
2.Id. at 34-46. Penned by Associate Justice Ronaldo Roberto B. Martin with Associate Justices Ricardo R. Rosario and Eduardo B. Peralta, Jr., concurring.
3.Id. at 59-60.
4. See rollo, p. 45.
5. See id.
6. See Civil Service Commission v. Clave, 693 Phil. 527, 533 (2012).
7.Rubio v. Munar, Jr., 561 Phil. 1, 7 (2007).
8. See Dumduma v. Civil Service Commission, 674 Phil. 257, 267 (2011).