464 Phil. 1033
QUISUMBING, J.:
That the respondent wilfully, unlawfully and intentionally cooperated with Mrs. Helen Hernandez, the District Supervisor of Bangued East District in soliciting, accepting and receiving sums of money for their personal use ranging from P1,000.00 to [P]20,000.00 from Ms. Elena Princena, Myrna Bayabos, Ofrina Benabese, Regina Potolin, Irene Bermudez, Melba Lingayo, Elizabeth Castillo, Rosalinda Bilgera and spouses Ernesto, Jr. and Luisa Callena as considerations for permanent appointments, promotions, transfers and similar favors in violation of the provisions of the Civil Service Rules and Regulations and other related laws.[8]In her Answer dated March 22, 1997, petitioner denied the accusations against her and asked for a full investigation of the specific charges implicating her in order to clear her name once and for all.
In her sworn statement dated October 7, 1996, Elena A. Princena, Elementary Grades Teacher I, Sinalang Pilot Elementary School, Bangued East District, Division of Abra, alleges as follows:Petitioner’s defense was bare denial of the accusations, buttressed by an effort to establish that she was of good moral character. She proffered a resolution[10] of the Parents Teachers Community Association of Bacsil Elementary School and four (4) certifications[11] signed by sixty-five (65) teachers from various schools declaring petitioner to be of good moral character.One night, my cousin went to our house saying that Miss Minda de la Cruz [petitioner herein] came to her and told her that there is a vacancy. Along with that, she told me that if I want to transfer, I should prepare P5,000.00 because she is capable of making the transfer, I gave an initial deposit of P3,000.00 from the amount she asked of me. I handed over that amount to my cousin Constancia Tanogan and she was the one who handed it over to Mrs. Helen Hernandez accompanied by Miss Minda de la Cruz. Not long after that, she asked for the remaining amount due to Miss Minda de la Cruz and I personally handed to Mrs. Helen Hernandez at her house the amount of P2,000.00.Elizabeth V. Castillo, Elementary Grades Teacher, Bangued East Central School, Abra, on the other hand, testified as follows:I was hired as a teacher on January 2, 1991 but before I can substitute she asked for P1,000.00 so she can buy Chivas and a kilo of imported grapes which I give upstairs as per Mrs. Helen Hernandez’s instruction. So I gave Mrs. Helen Hernandez the amount of P1,000.00 which she used for buying. When I was made permanent in Calot she asked for nothing but when I told her that I already gave her the amount Mrs. Hernandez declare that I will rot in Calot.…She attended a graduation in Calot and ordered Miss Minda de la Cruz to talk to me and I was shocked when she said “Do you really want to transfer,” I said yes. She said I have to give P6,000.00. I told her that was too much ma’am. I bargained for P5,000.00…. My husband and I were able to produce the amount hence I gave Miss Minda P5,000.00 last June 1991….In her affidavit dated October 7, 1996, Myrna L. Bayabos, Elementary Grades Teacher I, Sinalang Pilot Elementary School, Bangued East District, Division of Abra, alleges, in part, as follows:…To be able to teach properly about what is right, to be able to help my family and other people, I twice handed over P5,000.00 in addition to the P10,000.00 which I gave to Ma’am Minda de la Cruz for Ma’am Helen Hernandez….Rosalinda B. Bilgera, Elementary Grades Teacher I, Sappaac Elementary School, Bangued, Abra, in her sworn letter dated September 4, 1996, stated as follows:…On the month of August of the same year I went again to Bangued East District to follow-up my papers and it is then that Ma’am Minda de la Cruz sent me at her house. At that time, Ma’am Helen Hernandez was in Manila and she allegedly instructed Ma’am Minda that I was to give P10,000 so that my papers will be easily accomplished. As I already started it, I told myself that I’ll continue but I don’t have that huge sum of money, I was only able to give P5,000 to Ma’am Minda de la Cruz which was for Ma’am Helen Hernandez….Melba B. Linggayo, Elementary Grades Teacher, Bangued East District, Division of Abra, in her sworn letter dated October 7, 1996 stated as follows:…Ma’am Helen and I talked in Pasangbayan and it was then that she asked me if I wanted to transfer. Since Calot was a little bit distant, I said yes. It was then that she told me to give P10,000. On March 2, 1996, I gave an initial P5,000.00 to Ma’am Minda de la Cruz since she was the one that I was told to hand the money over. When I got my salary for the month of March, I again gave P2,000 to Ma’am Helen Hernandez in her office because she allegedly needed money….Spouses Ernesto Callena, Jr., and Ma. Luisa Callena, both Elementary Grades Teacher, Sinalay Pilot Elementary School, Bangued East District, in their sworn letter dated October 4, 1996, narrated as follows:…One day, we were ordered to come by Ma’am Helen Hernandez because she wants to talk with us regarding our transfer. In exchange for this favor, she asked for the amount of P10,000…. Our money is not sufficient so we initially gave P1,000 and she told us that the remaining balance of P9,000 should be given to Ma’am Minda de la Cruz. The P9,000 was given to her on Sept[ember] 16, 1996 and in return placed us in Bacsil Elem[entary] School and Macarcarmay Elem[entary] School….Irene B. Bermudez, Elementary Grades Teacher III, of Macarcarmay Elementary School, Bangued, in her letter dated October 2, 1996, alleges as follows:And in the year 1994, that was the time that Mr. Anselmo Arizabel Jr. was promoted from Master Teacher I to Master Teacher II. The vacant position was then promised to be given to me. Mrs. Helen Hernandez asked me to give Ten Thousand Pesos (P10,000.00) through the person of Ms. Luzviminda de la Cruz. The said amount was received from me by Mrs. Helen Hernandez personally, as witnessed by Ms. Luzviminda de la Cruz on that same year. Although it’s hard to do, I have to dance with the music. As for the assurance of my doubts, they gave me a copy of the recommendation of Mrs. Helen Hernandez for my promotion as Master Teacher I …signed and received in the Division of Abra on September 30, 1994.…Regina G. Potolin, Elementary Grades Teacher I, Sinalang Pilot Elementary School, Bangued East District, Division of Abra, in her letter dated October 4, 1996, declares as follows:…It was on the month of May, 1995. A week passed and I was sent for by Ma’am Minda. She told me to give P5,000.00 as it was allegedly instructed by Ma’am Helen as an additional requirement. As I really wanted to enter the job, I searched for means to remedy the situation. As soon as I gave the amount to Ma’am Minda de la Cruz, I was told that I would be assigned either in Sappac or Bacsil.…This is an extension in Sinalang. This extension would be given to me if I give an additional P5,000.00. I did give the amount to Ma’am Minda so that on the opening of school year June 1995, I reported in Sinalang….I went to Bang[u]ed East. After I signed, Ma’am Helen asked me how much I really gave to Ma’am Minda. I told her P10,000. She said that it is already P15,000 as this was the same amount given by the others. She meant that I still lacked P5,000.00. I told her that I still don’t have the money.Aurora B. Bringas, Elementary Grades Teacher III, Sinalang Pilot Elementary School, Bangued East District, Division of Abra, in her sworn statement dated October 7, 1996, testified as follows:…I want to know immediately what are the documents I still lack. However, Ma’am Minda stated that I need to pay P5,000.00 again. I told her I don’t want to pay. She told me that it was Ma’am Helen’s instructions that I pay.Mildred L. Millare, Elementary Grades Teacher I, Sinalang Pilot Elementary School, Bangued East District, Division of Abra, on the other hand, narrated as follows:
When the ranking was submitted to the Division Office, I learned that I was only ranked second. Mrs. Immaculada Bringas, our Principal in Sinalang Pilot Elementary School allegedly asked Ma’am Minda the reason why Mrs. Feliza Molina beat me in the ranking. Miss Minda de la Cruz replied that money was the reason.
I don’t want to pay because I know that I am qualified based on leadership, achievements and ability and I know that they will just fool me.…[I]n 1992, I substituted at Bangued East Central School but when I was there, Mrs. Helen Hernandez talked to me about giving P5,000….Nardita T. Tuscano, Elementary Grades Teacher, Bangued East Central School, Bangued, Abra, in her letter dated October 4, 1996, also testified as follows:
…
One other problem I had was that I still don’t have the original appointment as permanent as it was with Miss Minda de la Cruz.…I was teaching in Cabaruyan Elem[entary] Sch[ool] Daguioman District in 1995. Because my family was in Bangued, my mother-in-law processed my transfer. On November 1995, Minda de la Cruz told my mother that a teacher is needed in Bangued East District but one must have money to be able to go there. Because of the hardship of being apart from my family, my husband and my mother-in-law agreed that it is the remedy so they paid P10,000.00. My husband personally gave the money to Mrs. Hernandez on Nov[ember] 1995 and in return, I would be transferred [i]n the month of February 1996. This did not push through as the position was allegedly closed.…Ofrina A. Benabese, Elementary Grades Teacher I, Sinalang Pilot Elementary School, Bangued East District, Division of Abra, in her letter dated October 4, 1996, states as follows:…That is why I received a follow-up letter from Ma’am Minda de la Cruz for me to prepare even only P3,000.00. I loaned this money from my father who sold our cow as I was not able to save anything when I was in Kuwait as I had very low salary. This amount of money was asked for by Ma’am Helen Hernandez as my papers won’t be processed if I don’t have the money. This sum of money was given to Ma’am Minda de la Cruz….Lastly, Ruby T. Bringas, Elementary Grades Teacher I, Sinalang Pilot Elementary School, Bangued East District, Division of Abra, in her sworn-letter dated October 4, 1996, alleges as follows:…Since I was doubting as I’ve heard a lot of rumors that the payment was given but they were not given any position, I asked these things to Ma’am Minda who was my aunt. She showed me the revised rankings. Auntie Minda told me to decide whether I will give the P2,000 or will I continue to enter the position. As I learned from her that there were only four vacancies and I was tenth in the rankings, I decided that it is better for me to get out of Bangued East District and it is better for me that the P10,000 that Ma’am Helen asked for shall be used instead as my allowance when I go to teach in a far-flung area.[9]
WHEREFORE, Luzviminda B. de la Cruz is hereby found guilty of Dishonesty and Grave Misconduct. Accordingly, she is meted the penalty of dismissal from the service with all the accessory penalties of perpetual disqualification from holding public office and from taking any government examinations.[13]Petitioner filed a motion for reconsideration, which the CSC, in Resolution No. 991413 dated July 2, 1999, denied for lack of merit.
IN THE LIGHT OF ALL THE FOREGOING, the Petition is DISMISSED for lack of merit. The herein assailed CSC Resolution 99-0558, dated March 3, 1999, and CSC Resolution No. 99-1413, dated July 2, 1999, both issued by Respondent Commission in Administrative Case No. 97-46 are hereby AFFIRMED IN TOTO.On January 8, 2001, petitioner’s motion for reconsideration of the above Decision was also denied for lack of merit.[17]
SO ORDERED. [16]
THE HONORABLE COURT OF APPEALS ERRED IN FINDING HEREIN PETITIONER GUILTY OF GRAVE MISCONDUCT AND DISHONESTY CONSIDERING THAT THE DECISION IS NOT IN ACCORD WITH LAW AND WITH THE APPLICABLE DECISIONS OF THE SUPREME COURT.[18]We find the present petition bereft of merit.
Sec. 9. Administrative Charges.- Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding School Superintendent of the Division or a duly authorized representative who should at least have the rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teacher’s organization and a supervisor of the Division, the last two to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty days from the termination of the hearings: Provided, however, That where the school superintendent is the complainant or an interested party, all the members of the committee shall be appointed by the Secretary of Education.Petitioner avers the fact-finding committee did not include a representative of the local or, in its absence, any existing provincial or national teacher’s organization. The committee was composed of: Ms. Marietta B. Bersalona (a Division Head) as chairman; and as members, Luz Curbi (a Master Teacher I), Eduardo Ruperto (a Principal I), and Joaquin Pilien (a Head Teacher). Thus, petitioner argues, the fact-finding committee lacked jurisdiction and any proceedings it had undertaken were necessarily void.
SEC. 11. The Grievance Committee shall be composed of the following:Clearly, during the proceedings from the level of the fact-finding committee, to the CSC-CAR, to the Court of Appeals, nowhere did petitioner raise the applicability of R.A. No. 4670 to her case. Thus, she is already barred from raising the same for the first time in the present petition.
- For complaints/grievances existing between and among individual employee and supervisor/management.
(a)One (1) member of top management or a representative to act as Chairman. (b) One (1) higher supervisor except the one being complained of. (c) One (1) member of the rank and file.…
Section 4. Complaint in writing and under oath. – No complaint against any Civil servant shall be given due course unless the same is in writing and under oath.Suffice it to say that technical rules of procedure are liberally applied to administrative agencies exercising quasi-judicial functions. The intention is to resolve disputes brought before such bodies in the most expeditious and inexpensive manner possible.[27] This notwithstanding, the Court of Appeals found that while the complainants originally executed their sworn affidavits-complaints in the Ilocano dialect, when they testified before the CSC-CAR, they did so in English. Whatever technical defect there might be had been cured thereby.…
The complaint shall also contain the following:
…
(d) A statement that no other administrative action or complaint against the same party involving the same acts or omissions and issues has been filed before another agency or administrative tribunal.
In the absence of any one of the above-mentioned requirements, the complaint shall be dismissed.[26]
[33] Pelejo v. Court of Appeals, No. L-60800, 18 October 1982, 117 SCRA 665, 668.
- The right to a hearing, which includes the right to present one’s case and submit evidence in support thereof;
- The tribunal must consider the evidence presented;
- The decision must have something to support itself;
- The evidence must be substantial;
- The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected.
- The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy and not simply accept the view of a subordinate in arriving at a decision; and
- The board or body should in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved and the reason for the decision rendered. (Ang Tibay v. CIR, 69 Phil. 635, 642-644 [1940]).