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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)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
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December-2003 Jurisprudence                 

  • A.M. No. MTJ-03-1487 December 1, 2003 - SANGGUNIANG BAYAN OF GUINDULMAN v. MANUEL A. DE CASTRO

  • G.R. No. 147677 December 1, 2003 - PEOPLE OF THE PHIL. v. ROGELIO PIJO MILADO

  • G.R. Nos. 151111-12 December 1, 2003 - PEOPLE OF THE PHIL. v. ERNESTO M. ESCALANTE

  • G.R. No. 151981 December 1, 2003 - DIAMOND MOTORS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 153219 December 1, 2003 - PEOPLE OF THE PHIL. v. EDGAR P. MOLLEDA

  • G.R. No. 157860 December 1, 2003 - GSIS v. PROVINCE OF TARLAC

  • G.R. No. 149889 December 2, 2003 - PEOPLE OF THE PHIL. v. RUEL BACONGUIS

  • A.C. No. 5718 December 4, 2003 - EDUARDO T. ABAY v. RAUL T. MONTESINO

  • G.R. No. 125560 December 4, 2003 - ELIZA FRANCISCO BAGGENSTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 148228 December 4, 2003 - PEOPLE OF THE PHIL. v. PAMPING PAINGIN, ET AL.

  • A.M. No. 01-2-18-MTC December 5, 2003 - REPORT ON THE FINANCIAL AUDIT CONDUCTED AT THE MTC OF BANI, ALAMINOS AND LINGAYEN, IN PANGASINAN

  • G.R. No. 130876 December 5, 2003 - FRANCISCO ALONSO v. CEBU COUNTRY CLUB

  • A.C. No. 4219 December 8, 2003 - LOTHAR SCHULZ v. MARCELO G. FLORES

  • A.M. No. MTJ-99-1233 December 8, 2003 - ROSARIO D. ADRIANO v. FRANCISCO D. VILLANUEVA

  • A.M. No. RTJ-01-1638 December 8, 2003 - MANUEL T. MOLINA v. BENEDICTO A. PAZ, ET AL.

  • A.M. No. RTJ-02-1712 December 8, 2003 - ARMANDO M. MENDOZA v. ELIODORO G. UBIADAS

  • G.R. No. 127473 December 8, 2003 - PHIL AIRLINES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129638 December 8, 2003 - ANTONIO T. DONATO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136960 December 8, 2003 - IRON BULK SHIPPING PHIL., CO., LTD. v. REMINGTON INDUSTRIAL SALES CORP.

  • G.R. No. 144823 December 8, 2003 - GRACIANO P. DELA CHICA, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 149250 December 8, 2003 - LEON AND LOLITA ESTACIO v. ERNESTO JARANILLA

  • G.R. No. 149465 December 8, 2003 - DARIA GONZALES VDA. DE TOLEDO v. ANTONIO TOLEDO, ET AL.

  • G.R. No. 150903 December 8, 2003 - VICENTE JOSEFA v. ZHANDONG TRADING CORP.

  • G.R. No. 154017 December 8, 2003 - DESAMPARADOS M. SOLIVA v. INTESTATE ESTATE of MARCELO M. VILLALBA, ET AL.

  • G.R. No. 154127 December 8, 2003 - ROMEO C. GARCIA v. DIONISIO V. LLAMAS

  • G.R. No. 154377 December 8, 2003 - LAND CAR, INC. v. BACHELOR EXPRESS, INC., ET AL.

  • G.R. No. 157118 December 8, 2003 - ILOILO CITY ZONING BOARD OF ADJUSTMENT AND APPEALS, ET AL. v. GEGATO-ABECIA FUNERAL HOMES, INC., ET AL.

  • A.M. No. MTJ-02-1418 December 10, 2003 - CARMENCITA D. CACATIAN v. RICARDO P. LIWANAG

  • A.M. No. P-03-1757 December 10, 2003 - GRIO LENDING SERVICES v. SALVACION SERMONIA

  • A.M. No. P-03-1758 December 10, 2003 - JOSEFA C. CHUPUNGCO v. BENJAMIN L. CABUSAO

  • G.R. No. 121997 December 10, 2003 - PEOPLE OF THE PHIL. v. ANDRES MASAPOL

  • G.R. No. 123917 December 10, 2003 - PEOPLE OF THE PHIL. v. ZOSIMO MIRANDA

  • G.R. No. 124058 December 10, 2003 - PEOPLE OF THE PHIL. v. JESUS G. RETUBADO

  • G.R. No. 131794 December 10, 2003 - RUBEN AUGUSTO, ET AL. v. TEODORO K. RISOS, ET AL.

  • G.R. No. 133883 December 10, 2003 - SPS. ARTURO AND NICETA SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140618 December 10, 2003 - PEOPLE OF THE PHIL. v. BERNARDO SARA

  • G.R. No. 140772 December 10, 2003 - PEOPLE OF THE PHIL. v. JOEL PEREZ

  • G.R. No. 141140 December 10, 2003 - PEOPLE OF THE PHIL. v. CRISPIN PAYOPAY

  • G.R. No. 142305 December 10, 2003 - SINGAPORE AIRLINES LIMITED v. ANDION FERNANDEZ

  • G.R. No. 144697 December 10, 2003 - RODOLFO ALARILLA, SR., ET AL. v. REYNALDO C. OCAMPO

  • G.R. No. 145217 December 10, 2003 - PEPITO SIBUYO v. PEOPLE OF THE PHIL.

  • G.R. Nos. 147387 & 152161 December 10, 2003 - RODOLFO C. FARIÑAS, ET AL. v. EXECUTIVE SECRETARY, COMELEC, ET AL.

  • G.R. Nos. 148575-76 & 152882-83 December 10, 2003 - ABDUSAKUR M. TAN, ET AL. v. COMELEC, ET AL.

  • G.R. Nos. 149164-73 December 10, 2003 - COMELEC v. DOLORES L. ESPAÑOL

  • G.R. Nos. 154442-47 December 10, 2003 - SALIPONGAN L. DAGLOC v. COMELEC, ET AL.

  • G.R. No. 154829 December 10, 2003 - ARSENIO A. LATASA v. COMELEC, ET AL.

  • G.R. No. 156228 December 10, 2003 - MA. TERESA VIDAL, ET AL. v. MA. TERESA O. ESCUETA

  • G.R. Nos. 159418-19 December 10, 2003 - NORMA DE JOYA v. JAIL WARDEN OF BATANGAS CITY, ET AL.

  • A.C. No. 5623 December 11, 2003 - LUTHGARDA F. FERNANDEZ v. FIDEL M. CABRERA II

  • A.C. No. 5834 December 11, 2003 - TERESITA D. SANTECO v. LUNA B. AVANCE

  • A.C. No. 5858 December 11, 2003 - ROGELIO R. SANTOS, SR. v. RODOLFO C. BELTRAN

  • A.C. No. 6052 December 11, 2003 - OLIVER OWEN L. GARCIA, ET AL. v. LEONARD DE VERA, ET AL.

  • G.R. No. 123924 December 11, 2003 - HEIRS OF MIGUEL FRANCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 137909 December 11, 2003 - FIDELA DEL CASTILLO Vda. DE MISTICA v. SPS. BERNARDINO and MARIA PAULINA GERONA-NAGUIAT

  • G.R. Nos. 137949-52 December 11, 2003 - PEOPLE OF THE PHIL. v. ESTEBAN DOMACYONG, ET AL.

  • G.R. Nos. 139474-75 December 11, 2003 - PEOPLE OF THE PHIL. v. EDUARDO PABILLARE, ET AL.

  • G.R. Nos. 140411-13 December 11, 2003 - PEOPLE OF THE PHIL. v. AVELINO LATAG

  • G.R. No. 141332 December 11, 2003 - LIGAYA S. NOVICIO v. ALMA AGGABAO

  • G.R. No. 142505 December 11, 2003 - PEOPLE OF THE PHIL. v. EDUARDO FELIPE, ET AL.

  • G.R. No. 143596 December 11, 2003 - TOMAS C. LEYNES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 144053 December 11, 2003 - PEOPLE OF THE PHIL. v. JOSEPH DIZON

  • G.R. No. 145417 December 11, 2003 - FLORENCIO M. DE LA CRUZ v. NLRC, ET AL.

  • G.R. Nos. 145523-24 December 11, 2003 - PEOPLE OF THE PHIL. v. EDUARDO RATA

  • G.R. Nos. 146107-09 December 11, 2003 - PEOPLE OF THE PHIL. v. ROLANDO ALMEIDA

  • G.R. No. 146173 December 11, 2003 - CECILIA YAMBAO v. MELCHORITA C. ZUÑIGA, ET AL.

  • G.R. No. 146188 December 11, 2003 - PEOPLE OF THE PHIL. v. DIONISIO ROTE

  • G.R. No. 147793 December 11, 2003 - BOAZ INTERNATIONAL TRADING CORP., ET AL. v. WOODWARD JAPAN, INC., ET AL.

  • G.R. No. 147950 December 11, 2003 - CALIFORNIA BUS LINES, INC. v. STATE INVESTMENT HOUSE, INC.

  • G.R. Nos. 148424-27 December 11, 2003 - PEOPLE OF THE PHIL. v. DANILO CARAANG

  • G.R. Nos. 148869-74 December 11, 2003 - PEOPLE OF THE PHIL. v. REMARIO PALMA

  • G.R. No. 149227 December 11, 2003 - LA SALETTE COLLEGE, ET AL. v. VICTOR C. PILOTIN

  • G.R. Nos. 152683-84 December 11, 2003 - PEOPLE OF THE PHIL. v. LEONARDO ILAO

  • G.R. No. 153859 December 11, 2003 - FILIPINAS SYSTEMS, INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 154715 December 11, 2003 - NEW GOLDEN CITY BUILDERS & DEV’T. CORP, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 155018 December 11, 2003 - PHILADELPHIA AGAN v. HEIRS OF SPS. ANDRES and DIOSDADO NUEVA

  • G.R. No. 156819 December 11, 2003 - ALICIA E. GALA, ET AL. v. ELLICE AGRO-INDUSTRIAL CORP., ET AL.

  • G.R. No. 158371 December 11, 2003 - SONIA R. LORENZO v. COMELEC, ET AL.

  • A.M. No. RTJ-02-1726 December 12, 2003 - LUCAS M. MANAGUELOD v. FERNANDO M. PACLIBON

  • G.R. No. 139791 December 12, 2003 - MANILA BANKERS LIFE INSURANCE CORP. v. EDDY NG KOK WEI

  • A.M. No. 2003-7-SC December 15, 2003 - RE: NOEL V. LUNA

  • G.R. No. 149666 December 19, 2003 - SANGCAD S. BAO v. COMELEC, ET AL.

  • A.M. No. P-03-1760 December 30, 2003 - NOEL G. WABE v. LUISITA P. BIONSON

  • G.R. No. 135270 December 30, 2003 - RAMON ARCILLA, ET AL. v. COURT OF APPEALS, ET AL.

  •  





     
     

    A.M. No. 2003-7-SC   December 15, 2003 - RE: NOEL V. LUNA

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. No. 2003-7-SC. December 15, 2003.]

    ADMINISTRATIVE CASE FOR DISHONESTY AND FALSIFICATION OF OFFICIAL DOCUMENT AGAINST NOEL V. LUNA, SC CHIEF JUDICIAL STAFF OFFICER, SYSTEMS PLANNING AND PROJECT EVALUATION (SPPE) DIVISION, MISO.

    R O S O L U T I O N

    PER CURIAM:


    This administrative matter stems from a letter 1 , dated November 12, 2002, of the Civil Service Commission (CSC). It referred to the Office of the Court Administrator (OCA) a text message, which the CSC received under its TEXTCSC Project, seeking an investigation into the qualifications of respondent Noel V. Luna, SC Chief Judicial Staff Officer, Systems Planning and Project Evaluation Division, Management Information Systems Office (MISO), Supreme Court.chanrob1es virtua1 1aw 1ibrary

    The text message reads as follows:chanrob1es virtual 1aw library

    Please check the PDS of Noel V. Luna. As of now he is holding a position of SC Chief Judicial Staff Officer-PERMANENT position. He always claim 2 be a grad in the personal data sheet Tnx. Concern employee of d court.

    It appears that from May 5, 1986, until February 28, 1990, Noel V. Luna served as a contractual employee in the Office of the Reporter, Supreme Court. In his Personal Data Sheet (PDS), which became one of the bases for his appointment and its eventual renewal, respondent indicated his educational attainment as 5th Year College. On March 1, 1990, when he was appointed to a permanent position as Information Officer I, Editorial Division, Office of the Reporter, his updated PDS stated that he reached 5th year college. 2

    After a few years, respondent was favorably recommended to the position of Information Officer II in the Systems Planning and Project Evaluation Division, MISO, a position requiring a bachelor’s degree in Computer Science or Computer Engineering and relevant experience of three (3) years. He was promoted to the position on April 28, 1992. 3

    At the time respondent was recommended for promotion, Memorandum Circular No. 23, s. 1991 was still effective. Said Circular allowed deficiencies in education to be substituted with one (1) year of specialized/relevant experience, six (6) months of relevant training or two hundred (200) hours consisting of one or more specialized/relevant training programs or seminars. 4

    On March 1, 1995, the position respondent was holding was upgraded to SC Supervising Judicial Staff Officer. 5

    In November 1997, respondent applied for the position SC Chief Judicial Staff Officer, MISO, a position that had the following qualification requirements:chanrob1es virtual 1aw library

    1) Bachelor’s degree relevant to the job;

    2) Four years in position/s involving management and supervision;

    3) 24 hours training in management and supervision; and

    4) Career Service Professional Eligibility.cralaw : red

    Upon the favorable recommendation of the members of the Selection and Promotion Board (SPB), respondent was appointed Chief Judicial Staff Officer on January 13, 1998. In the PDS that he accomplished on January 15, 1998, respondent indicated that he had obtained the degree in BS ELECTRICAL ENGINEERING from 1982-1987. 6 His appointment was subsequently confirmed and attested by the Civil Service Commission. 7

    After almost four (4) years, the CSC, in a letter 8 dated November 12, 2002, referred the aforecited text message to the Office of the Court Administrator. The said office, in turn, referred the letter of the CSC to the Office of Administrative Services (OAS) for appropriate action.

    Acting on the referral, the OAS sought to verify respondent’s educational attainment from the Lyceum of the Philippines, the university where the respondent is known to have attended college. 9 In response, Ms. Maria Teresa O. Pilapil, the school registrar, issued a certification on April 9, 2003. She stated that, "Mr. Luna lacks 54 units to complete the academic requirements of the prescribed course leading to the degree of Bachelor of Science in Electrical Engineering as of First Semester of School Year 1986-1987." 10

    In view of what appeared to be a discrepancy if not outright anomaly in the qualification records pertaining to the appointment of respondent as SC Chief Judicial Staff Officer of the SPPED, MISO, the OAS directed respondent on April 15, 2003, 11 to submit a written comment within five (5) working days and explain why no disciplinary action should be taken against him for dishonesty and falsification of official document.

    In his comment dated April 21, 2003, respondent admitted that he indeed did not possess the degree of Bachelor of Science in Electrical Engineering. But he asserted that he never made any claim that he did. He averred that his lack of a college degree is well known to his officemates, as he has never concealed, or even attempted to conceal, said fact. He also denied making a false entry in his record.

    According to him, he personally typed all the entries in his PDS, and when he submitted his PDS, it already contained the necessary information in typewritten form. He added that he left blank all the items to which he had no response. If he were indeed the author of the false information, respondent argues, there was no reason for him not to type in the entry since he could just as easily type it in as he typed the other entries. He likewise asserted that he was aware that insertions in completed documents need to be authenticated with a signature. Since there was no signature near the insertion, it was not he who made the insertion, respondent argued. 12

    Finally, respondent expressed suspicion over the spurious entry in his PDS especially because the false entry has serious implications on his person. He proposed to help the OAS in the investigation, and offered his wholehearted cooperation. 13

    On April 24, 2003, the Complaints and Investigation Division, OAS, transmitted to the Personnel Division, OAS, the certification issued by the Office of the Registrar of the Lyceum of the Philippines, respondent’s comment, and respondent’s PDS accomplished on January 15, 1998, for appropriate action. 14 Correspondingly, the Personnel Division served a written request upon the Civil Service Commission, NCR, for the complete employment records on file of the Respondent. The CSC granted the request and forwarded the necessary documents to the Personnel Division of the OAS. 15

    On November 19, 2003, Atty. Eden T. Candelaria, DCC and Chief Administrative Officer, submitted to the Chief Justice through the Clerk of Court, the result of the investigation, with formal hearings conducted on the matter. Her report recommended:chanrob1es virtua1 1aw 1ibrary

    In view of the foregoing, this Office, finds respondent Noel V. Luna, SC Chief Judicial Staff Officer, Systems Planning and Project Evaluation Division, MISO, guilty of administrative offenses of Falsification of Official Document and Dishonesty, and respectfully recommends that he be DISMISSED from the service with forfeiture of retirement benefits, except his leave credits, if there is any, and with disqualification for re-employment in any government agency or government owned or controlled corporation.

    The matter is now before us to consider her findings and recommended sanction against Respondent.

    Respondent wants to impress on us that it was not he who indicated, in handwritten form, the false entry "BS Electrical Engineering" in his Personal Data Sheet (PDS) but someone else. It must be noted, however, that all application papers including the PDS, whether for original or promotional appointment, are initially submitted to, and processed by, the Secretariat of the Selection and Promotions Board (SPB) before the members of the Board would recommend a name from among the qualified applicants. Thus, respondent appears to fault the Secretariat of the SPB as the one responsible for inserting the false information regarding his educational attainment in his PDS.

    Yet, respondent was the one seeking a promotional appointment. His interest in getting that much-desired promotion cannot be overstressed. In contrast, the Secretariat of the SPB had no interest whatsoever in respondent’s promotion other than to perform the duty of collating and processing application papers, and preparing the matrices to be used by the Board in filling up vacant positions in the Court. Respondent stood to benefit by the coveted promotion, and not the Secretariat. His chances of being promoted would have sunk if it had been starkly revealed that he had yet to finish his five-year course in B.S. Electrical Engineering. Without the handwritten entry of "BS Electrical Engineering" in the PDS, respondent could not qualify for the position of SC Chief Judicial Staff Officer of the SPPE Division, MISO, because it requires one to be a holder of a bachelor’s degree.

    Moreover, as a matter of procedure, the Secretariat would have made the proper verification from respondent if it were true that respondent’s PDS was silent with regard to his educational attainment instead of supplying or writing in the information required. In the absence of credible evidence, the presumption of regularity in the performance of duties by the Secretariat prevails over respondent’s unsubstantiated but self-serving assertions.

    Furthermore, we note that respondent made contradictory statements regarding material points in this case. In no uncertain terms, respondent wrote in his comment, "I personally typed in all the entries in said PDS form, thus I am aware of all the information contained in the same. I am therefore aware that the entry was not made by me." 16 But when asked what prompted him not to indicate his education qualification in his PDS, respondent answered, "Well candidly speaking ma’am. I was not actually the one who prepared or typed the entries [in] PDS. It was my wife, Jocelyn Luna, who is also working at the MISO. She is the one who takes care of my papers with the help of the secretaries like Melissa and the other employees." 17 Such inconsistency does not jibe with one’s practical experience of veracity and credibility. A. person telling the truth would not contradict outright a statement he has just made.chanrob1es virtua1 1aw 1ibrary

    Respondent asserted during the hearings by the OAS that the new PDS form is different from the old PDS form. This was in an attempt to lend credence to his claim that he left the space for educational attainment in the new PDS form blank. The claim, however, would not exonerate respondent even if we accept it as true. For then, respondent would be liable for suppression of a material fact. It is clear from the PDS form that his educational attainment is being asked from him. This is clear from the heading Number of Units Completed/Course Title next to the column for Degree Earned (write NONE if not graduated). The filing of a PDS is required in connection with the promotion to a higher position and the contenders for promotion have the legal obligation to disclose the truth. 18 Any willful concealment of facts in the Personal Data Sheet constitutes mental dishonesty amounting to misconduct. 19

    Even granting that Item No. 17 of the new PDS form, under the table-heading Degree Earned (write NONE if not graduated), is extremely difficult to understand and may be understood to mean that the item should be left blank, respondent’s claim of innocence could not be accepted. This is because the adjacent column under the table-heading Number of Units Completed/Course Title would inevitably leave the applicant with no option but to indicate the exact extent of his college education. It became a subtle but deliberate attempt to perpetuate a falsehood when respondent indicated "1982-1987," or a span of five years, as his exclusive dates of school attendance. For significantly this period is needed to finish BS Electrical Engineering, a five-year course.

    Incidentally, a comparison of the old PDS form, which respondent had accomplished twice (once in 1990 and again in 1992), with the new PDS form, which is the basis of the instant administrative charge, reveals that the two forms do not differ substantially in terms of the requirement to disclose one’s educational attainment.

    It bears repeating that every employee of the judiciary should be an example of integrity, uprightness, and honesty. 20 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. 21 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. 22 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. 23 Respondent in this case failed to meet the stringent standards set for a judicial employee; hence, he does not deserve to remain in the office staff of the judiciary.chanrob1es virtua1 1aw 1ibrary

    The accomplishment of the Personal Data Sheet (PDS) is required under Civil Service Rules and Regulations for employment in the government. The making of an untruthful statement therein amounts to dishonesty and falsification of an official document that warrant dismissal from the service even on the first offense. 24 Of these offenses, respondent is clearly liable.

    Under Section 23 25 , Rule XIV of the Omnibus Rules Implementing Book V of EO 292 26 and other Pertinent Civil Service Laws, dishonesty and falsification of public document are considered grave offenses for which the penalty of dismissal is prescribed. Section 9 of the said Rule likewise provides that "The penalty of dismissal shall carry with it cancellation of eligibility, forfeiture of leave credits, and retirement benefits, and the disqualification for re-employment in the government service. This penalty is without prejudice to criminal liability of the Respondent." 27

    WHEREFORE, respondent NOEL V. LUNA, SC Chief Judicial Staff Officer, Systems Planning and Project Evaluation Division, MISO, is found guilty of dishonesty and falsification of public document thereby warranting his DISMISSAL from the service with forfeiture of all retirement benefits, except accrued leave credits, and with prejudice to his re-employment in any branch or agency of the government, including government-owned or controlled corporations effective immediately.

    SO ORDERED.

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

    Endnotes:



    1. See Letter of CSC Asst. Commissioner Nelson Acebedo dated November 12, 2002.

    2. See Sealed Report, p. 1.

    3. See Certification dated May 9, 2003, issued by Mr. Jacinto S. Serrano, SC Judicial Staff Officer, Personnel Division, OAS.

    4. See Sealed Report, p. 2.

    5. Ibid.

    6. See PDS dated January 15, 1998.

    7. Sealed Report, p. 2.

    8. Supra, note 1.

    9. See Letter of Atty. Eden Candelaria dated December 12, 2002 to the Registrar’s Office of the Lyceum of the Philippines.

    10. Certification dated April 9, 2003, issued by Maria Teresa Pilapil, Registrar, Lyceum of the Philippines.

    11. See Memorandum of Atty. Eden Candelaria dated April 15, 2003 to Respondent.

    12. Respondent’s Comment dated April 21, 2003.

    13. Ibid.

    14. See Memorandum of Atty. Edwin B. Andrada, dated April 24, 2003, to Respondent.

    15. See Letter of Arturo SJ. Panaligan, dated May 9, 2003, to Mr. Jacinto S. Serrano.

    16. Respondent’s Comment dated April 21, 2003.

    17. TSN, 16 May 2003, p. 2.

    18. Lumancas v. Intas, G.R. No. 133472, 5 December 2000, 347 SCRA 22, 34.

    19. Bautista v. Navarro, No. L-46199, 29 June 1982, 114 SCRA 794, 798.

    20. Canillas v. Pelayo, A.M. No. P-02-1575, 1 August 2002, 386 SCRA 12, 16.

    21. Lauro v. Lauro, A.M. No. P-91-642, 6 June 2001, 358 SCRA 405, 409–410.

    22. CSC v. Sta. Ana, A.M. No. P-03-1696, 30 April 2003, p. 10.

    23. Ibid.

    24. De Guzman v. Delos Santos, A.M. No. 2002-8-SC, 18 December 2002, p. 13.

    25. Sec. 23. Administrative offenses with its corresponding penalties are classified into grave, less grave, and light, depending on the gravity of its nature and effects of said acts on the government service.

    The following are grave offenses with its corresponding penalties:chanrob1es virtual 1aw library

    (a) Dishonesty (1st Offense, Dismissal)

    x       x       x


    (f) Falsification of official document (1st Offense, Dismissal)

    26. Administrative Code of 1987.

    27. Supra, note 22 at 11.

    A.M. No. 2003-7-SC   December 15, 2003 - RE: NOEL V. LUNA


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