ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
April-2003 Jurisprudence                 

  • A.C. No. 4984 April 1, 2003 - JULITO D. VITRIOLO, ET AL. v. FELINA DASIG

  • A.M. No. MTJ-03-1485 April 1, 2003 - FIDEL ISIP, JR. v. VALENTINO B. NOGOY

  • A.M. Nos. P-02-1620, P-02-1621, P-02-1622 & P-96-1194 April 1, 2003 - MELINDA F. PIMENTEL v. PERPETUA SOCORRO M. DE LEOZ

  • A.M. No. P-02-1643 April 1, 2003 - DIMAS ABALDE v. ANTONIO ROQUE

  • G.R. No. 137782 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTURO R. NICOLAS

  • G.R. No. 138470 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTEMIO GARCIA

  • G.R. No. 143084 April 1, 2003 - PEOPLE OF THE PHIL. v. JOSE TORELLOS

  • G.R. No. 148635 April 1, 2003 - MARILLA MAYANG CAVILE, ET AL. v. HEIRS OF CLARITA CAVILE, ET AL.

  • G.R. No. 149453 April 1, 2003 - PEOPLE OF THE PHIL., ET AL. v. PANFILO M. LACSON

  • A.M. No. 01-1-13-RTC April 2, 2003 - RE: Report on the Examination of the Cash and Accounts

  • A.M. No. P-02-1545 April 2, 2003 - ZENAIDA C. GUTIERREZ, ET AL. v. RODOLFO V. QUITALIG

  • G.R. No. 139412 April 2, 2003 - PEOPLE OF THE PHIL. v. RONALD CASTILLANO, ET AL.

  • G.R. Nos. 149028-30 April 2, 2003 - PEOPLE OF THE PHIL. v. ARMANDO CABALLERO, ET AL.

  • G.R. No. 149893 April 2, 2003 - PEOPLE OF THE PHIL. v. MELCHOR RABAGO

  • A.C. No. 4958 April 3, 2003 - FIDEL D. AQUINO v. OSCAR MANESE

  • A.M. No. MTJ-02-1436 April 3, 2003 - JAIME C. TARAN v. JOSE S. JACINTO

  • A.M. No. P-02-1595 April 3, 2003 - TIMOTEO M. CASANOVA, JR. v. FELIZARDO P. CAJAYON

  • A.M. No. P-02-1650 April 3, 2003 - ZENAIDA REYES-MACABEO v. FLORITO EDUARDO V. VALLE

  • G.R. Nos. 111098-99 April 3, 2003 - PEOPLE OF THE PHIL. v. PIO BISO

  • G.R. Nos. 143976 & 145846 April 3, 2003 - SPS. OSCAR and HAYDEE BADILLO v. ARTURO G. TAYAG, ET AL.

  • G.R. No. 144444 April 3, 2003 - STATE INVESTMENT TRUST v. DELTA MOTORS CORP.

  • G.R. No. 150978 April 3, 2003 - POWTON CONGLOMERATE v. JOHNNY AGCOLICOL

  • G.R. No. 155875 April 3, 2003 - AGAPITO CRUZ FIEL, ET AL. v. KRIS SECURITY SYSTEMS, INC., ET AL.

  • A.M. No. MTJ-03-1482 April 4, 2003 - ILUMINADA SANTILLAN VDA. DE NEPOMUCENO v. NICASIO V. BARTOLOME

  • A.M. No. P-03-1690, MTJ-01-1363 & 01-12-02-SC April 4, 2003 - ESTRELLITA M. PAAS v. EDGAR E. ALMARVEZ

  • G.R. No. 108405 April 4, 2003 - JAIME D. VIERNES, ET AL. v. N;RC, ET AL.

  • G.R. No. 117020 April 4, 2003 - VIRON TRANSPORTATION CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125938 April 4, 2003 - PEOPLE OF THE PHIL. v. JOEL JANSON, ET AL.

  • G.R. No. 140756 April 4, 2003 - PEOPLE OF THE PHIL. v. JUAN GONZALES ESCOTE, ET AL.

  • G.R. No. 141631 April 4, 2003 - PEOPLE OF THE PHIL. v. FERDINAND FRANCISCO

  • G.R. No. 143135 April 4, 2003 - REPUBLIC OF THE PHIL. v. DAMAYAN NG PUROK 14, INC.

  • G.R. No. 143779 April 4, 2003 - FRANCISCA L. MARQUEZ v. SIMEON BALDOZ

  • G.R. Nos. 145309-10 April 4, 2003 - PEOPLE OF THE PHIL. v. VIRGILIO FLORES

  • G.R. Nos. 144476 & 144629 April 8, 2003 - ONG YONG, ET AL. v. DAVID. S. TIU, ET AL.

  • G.R. No. 149022 April 8, 2003 - CARMENCITA D. CORONEL v. ANIANO A. DESIERTO, ET AL.

  • A.M. No. MTJ-02-1428 April 9, 2003 - ARFRAN L. QUIÑONES v. FRANCISCO H. LOPEZ

  • A.M. No. P-02-1580 April 9, 2003 - RENE ESPINA v. JUAN A. GATO

  • A.M. No. RTJ-01-1630 April 9, 2003 - HEINZ R. HECK v. ANTHONY E. SANTOS

  • G.R. No. 119255 April 9, 2003 - TOMAS K. CHUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126968 April 9, 2003 - RICARDO BALUNUECO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128568 April 9, 2003 - SPS. REYNALDO and ESMERALDA ALCARAZ v. PEDRO M. TANGGA-AN, ET AL.

  • G.R. No. 132371 April 9, 2003 - PEOPLE OF THE PHIL. v. DANILO Q. SIMBAHON

  • G.R. No. 133003 April 9, 2003 - PEOPLE OF THE PHIL. v. LAWRENCE MACAPANPAN, ET AL.

  • G.R. No. 141258 April 9, 2003 - TOMASA SARMIENTO v. SPS. LUIS & ROSE SUN-CABRIDO ET AL.

  • G.R. Nos. 141314 & 141369 April 9, 2003 - REPUBLIC OF THE PHIL. REPRESENTED BY ENERGY REGULATORY BOARD v. MERALCO

  • G.R. No. 143004 April 9, 2003 - PEOPLE OF THE PHIL. v. DANTE CLIDORO

  • G.R. No. 143432 April 9, 2003 - PEOPLE OF THE PHIL. v. TERENCIO L. FUNESTO

  • G.R. No. 146034 April 9, 2003 - PEOPLE OF THE PHIL. v. LASTIDE A. SUBE, ET AL.

  • G.R. No. 146815 April 9, 2003 - HEIRS OF PEDRO, ET AL. v. STERLING TECHNOPARK III ET AL.

  • G.R. No. 147468 April 9, 2003 - SPS. EDUARDO & JOSEFINA DOMINGO v. LILIA MONTINOLA ROCES, ET AL.

  • G.R. No. 147745 April 9, 2003 - MARIA BUENA OBRA v. SOCIAL SECURITY SYSTEM

  • G.R. No. 148727 April 9, 2003 - SPS. HERMOGENA AND JOSE ENGRESO v. NESTORIA DE LA CRUZ, ET AL.

  • G.R. No. 149038 April 9, 2003 - PHIL. AMERICAN GENERAL INSURANCE COMPANY v. PKS SHIPPING COMPANY

  • G.R. No. 149110 April 9, 2003 - NATIONAL POWER CORPORATION v. CITY OF CABANATUAN

  • G.R. No. 149422 April 10, 2003 - DEPARTMENT OF AGRARIAN REFORM v. APEX INVESTMENT AND FINANCING CORP.

  • G.R. No. 149578 April 10, 2003 - EVELYN TOLOSA v. NLRC, ET AL.

  • G.R. No. 143540 April 11, 2003 - JOEL G. MIRANDA v. ANTONIO C. CARREON, ET AL.

  • G.R. No. 148138 April 11, 2003 - PEOPLE OF THE PHIL. v. JOHNNY VIAJEDOR

  • A.M. No. P-02-1645 April 21, 2003 - GILBERT HOWARD M. ATIENZA v. JOSEPHINE V. DINAMPO

  • A.M. No. P-03-1695 April 21, 2003 - ARTEMIO H. QUIDILLA v. JUNAR G. ARMIDA

  • A.M. No. RTJ-03-1756 April 22, 2003 - AURORA S. GONZALES v. VICENTE A. HIDALGO

  • G.R. No. 127745 April 22, 2003 - FELICITO G. SANSON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129163 April 22, 2003 - VOLTAIRE ARBOLARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138650-58 April 22, 2003 - PEOPLE OF THE PHIL. v. IGNACIO SINORO

  • G.R. No. 140707 April 22, 2003 - NORGENE POTENCIANO, ET AL. v. DWIGHT "IKE" B. REYNOSO, ET AL.

  • G.R. No. 146942 April 22, 2003 - CORAZON G. RUIZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 152329 April 22, 2003 - ALEJANDRO ROQUERO v. PHILIPPINE AIRLINES, INC.

  • A.M. No. RTJ-03-1763 April 24, 2003 - JOSE B. TIONGCO v. FLORENTINO P. PEDRONIO

  • A.M. No. RTJ-03-1770 April 24, 2003 - MELISSA E. MAÑO v. CAESAR A. CASANOVA

  • G.R. No. 123968 April 24, 2003 - URSULINA GANUELAS, ET AL. v. ROBERT T. CAWED, ET AL.

  • G.R. No. 137182 April 24, 2003 - PEOPLE OF THE PHIL. v. ABDILA L. SILONGAN, ET AL.

  • G.R. Nos. 137458-59 April 24, 2003 - PEOPLE OF THE PHIL. v. JESUS G. BATOCTOY, ET AL.

  • G.R. No. 137601 April 24, 2003 - PEOPLE OF THE PHIL. v. WINCHESTER ABUT, ET AL.

  • G.R. No. 139230 April 24, 2003 - PEOPLE OF THE PHIL. v. MANUEL DANIELA, ET AL.

  • G.R. No. 143672 April 24, 2003 - COMMISSIONER OF INTERNAL REVENUE v. GENERAL FOODS (PHILS.), INC.

  • G.R. No. 145915 April 24, 2003 - PEOPLE OF THE PHIL. v. VILMA Z. ALMENDRAS, ET AL.

  • G.R. No. 147038 April 24, 2003 - RICHARD TEH v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-01-1370 April 25, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. AGUSTIN T. SARDIDO

  • G.R. No. 118749 April 25, 2003 - SPS LORENZO and LORENZA FRANCISCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 141187 April 28, 2003 - PEOPLE OF THE PHIL. v. RONNIE A. MACTAL

  • A.C. No. 5225 April 29, 2003 - SPS. WILFREDO & LYDIA BOYBOY v. VICTORIANO R. YABUT, JR.

  • A.M. No. MTJ-02-1453 April 29, 2003 - EDITHA PALMA GIL v. FRANCISCO H. LOPEZ, JR.

  • A.M. No. P-02-1615 April 29, 2003 - PEDRO MAGNAYE v. ERIBERTO R. SABAS

  • G.R. No. 119858 April 29, 2003 - EDWARD C. ONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 122363 April 29, 2003 - VICTOR G. VALENCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127002 April 29, 2003 - JEREMIAS L. DOLINO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 135394 April 29, 2003 - JOSE V. DELA RAMA v. FRANCISCO G. MENDIOLA, ET AL.

  • G.R. No. 139841 April 29, 2003 - EMILIO C. VILLAROSA v. DEMOSTHENES L. MAGALLANES, ET AL.

  • G.R. No. 141518 April 29, 2003 - PEOPLE OF THE PHIL. v. CLARENCE ASTUDILLO, ET AL.

  • G.R. No. 142015 April 29, 2003 - RURAL BANK OF STA. IGNACIA v. PELAGIA DIMATULAC

  • G.R. No. 147230 April 29, 2003 - PEOPLE OF THE PHIL. v. REYNALDO R. REMERATA

  • G.R. No. 150656 April 29, 2003 - MARGARITA ROMUALDEZ-LICAROS v. ABELARDO B. LICAROS

  • A.C. No. 4724 April 30, 2003 - GORETTI ONG v. JOEL M. GRIJALDO

  • A.M. No. CA-99-9-P April 30, 2003 - MAGTANGGOL GABRIEL v. VIRGINIA C. ABELLA, ET AL.

  • A.M. No. P-00-1445 April 30, 2003 - MEDARDO M. PADUA v. IRENEO S. PAZ

  • A.M. No. P-02-1599 April 30, 2003 - LEANDRO T. LOYAO v. MAMERTO J. CAUBE, ET AL.

  • A.M. No. P-02-1600 April 30, 2003 - DOMINADOR. AREVALO, ET AL. v. EDGARDO S. LORIA, ET AL.

  • A.M. No. P-03-1696 April 30, 2003 - CIVIL SERVICE COMMISSION v. ZENAIDA T. STA. ANA

  • A.M. RTJ No. 03-1761 April 30, 2003 - JOSE B. CUSTODIO v. JESUS V. QUITAIN

  • A.M. No. RTJ-03-1775 April 30, 2003 - ISAGANI A. CRUZ v. PHILBERT I. ITURRALDE

  • A.M. No. RTJ-03-1779 April 30, 2003 - JOVENCITO R. ZUÑO, ET AL. v. ARNULFO G. CABREDO

  • G.R. Nos. 107789 & 147214 April 30, 2003 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN ET AL.

  • G.R. No. 116326 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT LEE, ET AL.

  • G.R. No. 121211 April 30, 2003 - PEOPLE OF THE PHIL. v. RONETO DEGAMO

  • G.R. No. 121637 April 30, 2003 - PEOPLE OF THE PHIL. v. EDGARDO GREFALDIA

  • G.R. No. 125761 April 30, 2003 - SALVADOR P. MALBAROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126568 April 30, 2003 - QUIRINO GONZALES LOGGING CONCESSIONAIRE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126911 April 30, 2003 - PHIL. DEPOSIT INSURANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127141 April 30, 2003 - SPS. EMMANUEL and MELANIE LANTIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 128378 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT GOMEZ, ET AL.

  • G.R. No. 128512 & 128963 April 30, 2003 - DARIO P. BELONGHILOT v. RTC OF ZAMBOANGA DEL NORTE

  • G.R. No. 129090 April 30, 2003 - RICARDO B. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129895 April 30, 2003 - PEOPLE OF THE PHIL. v. ARMANDO C. DALAG

  • G.R. No. 134940 April 30, 2003 - PEOPLE OF THE PHIL. v. CATALINO MELENDRES

  • G.R. No. 138266 April 30, 2003 - PEOPLE OF THE PHIL. v. PEDRO CABRERA, JR.

  • G.R. No. 139876 April 30, 2003 - WILLIAM TIU and/or THE ROUGH RIDERS v. JULIO PASAOL, ET AL.

  • G.R. No. 140753 April 30, 2003 - BENJAMIN S. SANTOS v. ELENA VELARDE, ET AL.

  • G.R. No. 141375 April 30, 2003 - MUNICIPALITY OF KANANGA v. FORTUNITO L. MADRONA, ET AL.

  • G.R. No. 142435 April 30, 2003 - ESTELITA BURGOS LIPAT, ET AL. v. PACIFIC BANKING CORP., ET AL.

  • G.R. No. 142591 April 30, 2003 - JOSEPH CHAN, ET AL. v. BONIFACIO S. MACEDA

  • G.R. Nos. 144445-47 April 30, 2003 - PEOPLE OF THE PHIL. v. GENARO BIONG

  • G.R. No. 146099 April 30, 2003 - PEOPLE OF THE PHIL. v. JIMMEL SANIDAD, ET AL.

  • G.R. No. 146481 April 30, 2003 - ARTURO G. RIMORIN, SR. v. PEOPLE OF THE PHIL.

  • G.R. Nos. 146685-86 April 30, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN M. HILET

  • G.R. Nos. 146862-64 April 30, 2003 - PEOPLE OF THE PHIL. v. GAUDENCIO D. UMBAÑA

  • G.R. No. 146886 April 30, 2003 - DEVORAH E. BARDILLON v. BARANGAY MASILI of Calamba, Laguna

  • G.R. No. 146923 April 30, 2003 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 147033 April 30, 2003 - PEOPLE OF THE PHIL. v. MARIO UMAYAM

  • G.R. Nos. 148394-96 April 30, 2003 - PEOPLE OF THE PHIL. v. ROGER ELIARDA

  • G.R. No. 150179 April 30, 2003 - HEIRS OF WILLIAM SEVILLA, ET AL. v. LEOPOLDO SEVILLA, ET AL.

  • G.R. Nos. 150820-21 April 30, 2003 - SPS. ANTONIO and GENOVEVA BALANON-ANICETE, ET AL. v. PEDRO BALANON

  • G.R. No. 154037 April 30, 2003 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF BENJAMIN VERGARA, ET AL.

  •  





     
     

    A.M. No. P-03-1696   April 30, 2003 - CIVIL SERVICE COMMISSION v. ZENAIDA T. STA. ANA

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. No. P-03-1696. April 30, 2003.]

    (Formerly OCA IPI No. 01-1088-P)

    CIVIL SERVICE COMMISSION, Complainant, v. ZENAIDA T. STA. ANA, COURT STENOGRAPHER I, MCTC, QUEZON-LICAB, NUEVA ECIJA, Respondent.

    R E S O L U T I O N


    PER CURIAM:


    This is an administrative matter for the dismissal of Zenaida Sta. Ana, Court Stenographer 1 of the Municipal Circuit Trial Court (MCTC) of Quezon-Licab, Nueva Ecija. Atty. Anicia Marasigan-de Lima, Director IV of the Civil Service Commission (CSC) Regional Office No. 3, San Fernando, Pampanga, charged her with dishonesty, grave misconduct, and conduct prejudicial to the best interest of the service for misrepresenting that she took and passed the Career Service Professional Examination Computer Assisted Test (CAT) on September 16, 1998 when, in truth and in fact, someone else took the examination for her. The CSC found that the picture and signature in respondent’s Personal Data Sheet were different from those appearing in her CAT application and in the Picture Seat Plan both filed in the Examination and Placement Services Division (EPSD) of the CSC.chanrob1es virtua1 1aw 1ibrary

    The formal charge against respondent read as follows:chanrob1es virtual 1aw library

    1. That Zenaida T. Sta. Ana has a proposed appointment in a government office in Manila;

    2. That under Item 19 of her Personal Data Sheet, Sta. Ana indicated that she passed the Career Service Professional Examination (CAT) held at the Civil Service Commission Regional Office No. 3, San Fernando, Pampanga on September 16, 1998 with a rating of 84.86%;

    3. That Director Arturo J. Panaligan of CSC-National Capital Judicial Region requested from this Office confirmation of the eligibility of Sta. Ana;

    4. That verification from the Picture Seat Plan of the Examination and Placement Services Division (EPSD) of this Office showed that another person took the examination in behalf of Sta. Ana;

    5. That the signature and picture pasted in the duly accomplished Personal Data Sheet of Zenaida Sta. Ana differ from that appearing in the CAT application and in the Picture Seat Plan both filed in the EPSD of this Office;

    6. That on February 29, 2000, this Office issued an Order requiring Sta. Ana to comment within five (5) days from receipt why she should not be administratively charged for Dishonesty, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service;

    7. That the Order was sent by this Office through registered mail and the same was duly served on March 23, 2000; and

    8. That Sta. Ana filed her comment to this Office (CSC) on March 30, 2000. 1

    Respondent, in her May 28, 2000 answer, stated the following:chanrob1es virtual 1aw library

    1. That when she took the civil service examination for Career Service Professional which was held at San Fernando, Pampanga on September 16, 1998, she signed an application for the said examination and submitted the requirements to the Civil Service Commission;

    2. That subsequently, she received a Certificate of Eligibility from the Chairman of the Civil Service Commission for the examination which was held on September 16, 1998 purportedly due to the fact that she received a rating of 84.86%;

    3. That at the time of the receipt by her of the Certificate of Eligibility she had no knowledge nor notice of any defect or infirmity in the result of her examination;

    4. That subsequently, she received a notification that she is being charged for Dishonesty, Grave Misconduct and Conduct Prejudicial to the Interest of the Service allegedly because it appears in the picture seat plan of the examination that another person took the examination in behalf of Mrs. Zenaida T. Sta. Ana;

    5. That in all truth and candor, respondent hereby states that she has no knowledge as to why it now appears that another person took the examination for her;

    6. That when she took the examination, she did it in all honesty and good faith and with the primary intention of passing the same for purposes of entering the government service and she would not do anything that would in one way or another, destroy her dream of ultimately becoming a career professional in the government service;

    7. That under the circumstances, all that she could probably say is that, the changing of the picture in the picture seat plan may have been done by persons unknown to her who may have been committing such anomaly or irregularity in the examination procedure of the Civil Service Commission;

    8. That the respondent hereby advances the information that such anomaly or irregularities may have been actually existing in the examination procedure of the commission and that it only happens at this particular instance that she became a victim of such irregularity;

    9. That as proof and as part of her evidence, she is hereby submitting a Xerox copy of the Certificate of Eligibility given to her by the Chairman of the commission;

    10. That she hereby further reserves the presentation of oral and documentary evidence in support of her defense. 2

    Court Administrator Presbitero J. Velasco forwarded the matter to Executive Judge Napoleon T. Sta. Romana for formal investigation and recommendation. In his report submitted on March 25, 2002, Judge Sta. Romana found respondent guilty of the charges against her and recommended her dismissal, based on his findings:chanrob1es virtual 1aw library

    Atty. Anicia Marasigan-de Lima was subpoenaed to shed light on the complaint against the Respondent. In representation of the Civil Service Commission, Atty. Jasmin Regino testified in behalf of said Office on March 8, 2002 and submitted the documents in possession of the Legal Affairs Division in connection with a similar complaint before their Office. It appears that there is no resolution by their Office as of said date and is still waiting for a memorandum to be submitted by the respondent which was twenty (20) days from November 9, 2000 (sic) by Hearing Officer Dulce J. Cochon. No memorandum was submitted.chanrob1es virtua1 1aw 1ibrary

    The exhibits submitted by the Civil Service Commission are the following:chanrob1es virtual 1aw library

    Exhibit "A" — Formal Charge by the Civil Service Commission dated May 5, 2000;

    Exhibit "B" — Order issued by the Civil Service Commission signed by Atty. Anicia Marasigan-de Lima, Director IV;

    Exhibit "C" — Indorsement letter of Alma M. Tuazon, Chief Personnel Specialist, Examination and Placement Services Division, Civil Service Commission, Regional Office No. 3, San Fernando, Pampanga;

    Exhibit "D" — Examination Slip dated September 16, 1998 of Zenaida T. Sta. Ana;

    Exhibit "E" — Personal Data Sheet of Zenaida T. Sta. Ana; Exhibit "E-1" — signature of Zenaida T. Sta. Ana at the back;

    Exhibit "F" — Certificate of Eligibility with date of release as September 16, 1998 in the name of Zenaida T. Sta. Ana;

    Exhibit "G" — Letter of Director Arturo Panaligan;

    Exhibit "H" — Picture Seat Plan with examination date of September 16, 1998 at the CSR No. 3; Exhibit "H-1" — No. 4 column with name and picture of Zenaida T. Sta. Ana; and Exhibit "H-2" — the signature of Zenaida T. Sta. Ana;

    Exhibit "I" — Comment of Zenaida T. Sta. Ana; Exhibit "I-1" — page 2 of the Comment; and Exhibit "I-2" — the signature of Zenaida T. Sta. Ana on page 2;

    Exhibit "J" — the Answer of Zenaida T. Ana to the Formal Charge; Exhibit "J-1" to J-4", series — the succeeding pages;

    Exhibits "K" to "K-4", series — the Notices of Hearings issued by the Civil Service Commission on the person of Zenaida T. Sta. Ana;

    Exhibits "L" and "L-1" — Appearances; the remarks thereon as Exhibit "L-2" ; and

    Exhibit "M" — Letter of Zenaida T. Sta. Ana dated June 29, 2000.

    The respondent opted not to present testimonial evidence but only marked the following exhibits in her defense;

    Exhibit "1" — Answer of the respondent to the Formal Charge; "1-a" and "1-b" — succeeding pages thereof;

    Exhibit "2" — The Certificate of Eligibility issued by the Civil Service Commission to the respondent;

    Exhibit "3" — Personal Data Sheet of respondent Zenaida T. Sta. Ana; "3-a" — the signature of Zenaida T. Sta. Ana;

    Exhibit "4" — Personal Data Sheet of the alleged substitute examinee; and

    Exhibit "5" — Picture Seat Plan, "5-a" — portion showing the picture of the alleged examinee; and "5-b" — the signature of the alleged examinee.chanrob1es virtua1 1aw 1ibrary

    It is crystal clear that in Exhibit "D" which is a common exhibit — Exhibit "4" for the respondent, a different picture of a person who took the examination appears which is different from the appearance of respondent Zenaida T. Sta. Ana as appearing in Exhibit "E", which is Exhibit "3" for the respondent — Personal Data Sheet. Also, in Exhibit "H" which is Exhibit "5" for the respondent, the Picture Seat Plan, Exhibit "5-a" shows also a different person who took the examination for Zenaida T. Sta. Ana.

    In Exhibit "M", a letter-communication by Zenaida T. Sta. Ana dated June 29, 2000, respondent entered a plea of "NO CONTEST" as shown in her stated (sic) in said letter-communication, which reads as follows:chanrob1es virtual 1aw library

    x       x       x


    That for the sake of my peace of mind I hereby enter a plea of "no contest." It should not be construed however that I am admitting the misdemeanor being attributed to me, it is only that I am a poor person and cannot afford the services of a lawyer.

    Besides, by not contesting the case I would be spared further of the anxiety and sleepless nights I am now experiencing.

    In view of this, I most humbly appear (sic) that the Regional Director and/or authorities concerned shall consider me resigned from the service, to be effective, if possible, at the close of office hours on June 30, 2000.

    Very respectfully,

    (SGD.) ZENAIDA T. STA. ANA

    (Respondent)

    Quezon, Nueva Ecija

    The Answer adopted by the respondent — Exhibit "1", paragraphs 7 and 8, states as follows:chanrob1es virtual 1aw library

    7. That under the circumstances, all that she could probably say is that, the changing of the picture in the picture sheet plan may have been done by persons unknown to her who may have been committing such anomaly or irregularity in the examination procedure of the Civil Service Commission;

    8. That the respondent hereby advances the information that such anomaly or irregularities may have been actually existing in the examination procedure of the commission and that it only happens at this particular instance that she became a victim of such irregularity;

    The irregularity, if ever there is any, should be attributed to the respondent and not to the Civil Service Commission. The Commission has no motive nor inclination to cause the irregularity in the examination procedure of said Commission. It is clear based on the communications presented by Zenaida T. Sta. Ana that she is guilty of the offense of Dishonesty, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service, by causing another person to take the examination in her behalf which resulted in her passing the Civil Service Examination with a rating of 84.86%.chanrob1es virtua1 1aw 1ibrary

    It is, therefore, recommended that the respondent Zenaida T. Sta. Ana of the MCTC, Quezon-Licab, Nueva Ecija, be dismissed from the service, with prejudice to holding any other position in the government service and forfeiture of all benefits. 3

    The recommendation for dismissal was concurred in by Deputy Court Administrator (DCA) Jose P. Perez and approved by Court Administrator Velasco. According to DCA Perez, the executive judge was correct in concluding that there was no motive on the part of the CSC to cause the irregularity which was the subject matter of the case. DCA Perez further added that the records of the case and even the evidence submitted by respondent show that she was guilty of the charges against her, thus the recommendation that respondent be dismissed from the service with forfeiture of all retirement benefits, reemployment in any branch and instrumentality of the government, including government-owned and controlled corporations.

    We concur.chanrob1es virtua1 1aw 1ibrary

    After a thorough review of the matter, the Court finds that respondent is indeed guilty of dishonesty. An examination of respondent’s Personal Data Sheet reveals that her signature and picture on it are different from those in her CAT Application and Picture Seat Plan. Respondent attributes such discrepancy to "unknown persons who may have been committing such anomaly and irregularity in the examination procedure of the CSC." However, this Court agrees with the observation of the executive judge that the irregularity should not be attributed to the CSC which had no motive in tampering with such documents. Even if such irregularity was attributable to error or oversight, respondent did not present any proof that it occurred during the examination and, thus, the CSC officials who supervised the exam enjoyed the presumption of regularity in the performance of their official duty. Besides, for the CSC to commit such a mistake — mixing up the pictures and signatures of examinees — was unlikely due to the strict procedures it follows during civil service examinations. In a similar case, 4 this Court approved the findings of the CSC regarding procedures during examinations:chanrob1es virtual 1aw library

    It should be stressed that as a matter of procedure, the room examiners assigned to supervise the conduct of a Civil Service examination closely examine the pictures submitted and affixed on the Picture Seat Plan (CSC Resolution No. 95-3694, Obedencio, Jaime A.). The examiners carefully compare the appearance of each of the examinees with the person in the picture submitted and affixed on the PSP. In cases where the examinee does not look like the person in the picture submitted and attached on the PSP, the examiner will not allow the said person to take the examination (CSC Resolution No. 95-5195, Taguinay, Ma. Theresa)

    Thus, the irregularity in respondent’s Personal Data Sheet, CAT Application and Picture Seat Plan cannot be attributed to error on the CSC’s part. It is clear that somebody else took the CSC exam for respondent Sta. Ana.

    For respondent to claim that she herself took the CSC exam when in fact somebody else took it for her constitutes dishonesty. We have repeatedly ruled that:jgc:chanrobles.com.ph

    "Every employee of the judiciary should be an example of integrity, uprightness and honesty. Like any public servant, he must exhibit the highest sense of honesty and integrity not only in the performance of his official duties but in his personal and private dealings with other people, to preserve the court’s good name and standing. It cannot be overstressed that the image of a court of justice is mirrored in the conduct, official and otherwise, of the personnel who work thereat, from the judge to the lowest of its personnel. Court personnel have been enjoined to adhere to the exacting standards of morality and decency in their professional and private conduct in order to preserve the good name and integrity of the courts of justice." 5

    Respondent failed to meet the stringent standards set for a judicial employee and does not therefore deserve to be part of the judiciary. In the case of Cruz and Paitim v. CSC, 6 we found Cruz guilty of dishonesty when she misrepresented that she took the CSC Career Service Sub-Professional Exam when in fact it was her officemate, Paitim, the Municipal Treasurer of Norzagaray, Bulacan, who took the exam for her. Because of such dishonesty, both employees were dismissed from the service. We find no reason to deviate from our previous ruling.

    Under the Civil Service Rules, 7 dishonesty is a grave offense punishable by dismissal which carries the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits [except leave credits pursuant to Rule 140, Section 11 (1)] 8 and disqualification from reemployment in the government service.chanrob1es virtua1 law library

    WHEREFORE, respondent Zenaida T. Sta. Ana is hereby found guilty of dishonesty and is hereby DISMISSED as Court Stenographer 1, MCTC of Quezon-Licab, Nueva Ecija, with forfeiture of all her retirement benefits except her accrued leave credits and with prejudice to reemployment in any branch or instrumentality of the government, including government-owned or controlled corporations.

    SO ORDERED.

    Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio Morales, Callejo, Sr. and Azcuna, JJ., concur.

    Endnotes:



    1. Rollo, pp. 10–11.

    2. Rollo, pp. 4–6.

    3. Rollo, pp. 64–67.

    4. Cruz and Paitim v. CSC, G.R. No. 144464, November 27, 2001.

    5. Floria v. Sunga, A.M. No. CA-01-10-PI, November 14, 2001.

    6. Supra note 4.

    7. Section 23, Rule XIV of the Omnibus Rules Implementing Book V of Executive Order 292.

    8. Cabanatan v. Molina, A.M. No. P-01-1520, November 21, 2001.

    A.M. No. P-03-1696   April 30, 2003 - CIVIL SERVICE COMMISSION v. ZENAIDA T. STA. ANA


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED