Civil Service Commission - Constitution Hills, Batasang Pambansa ‘Complex, Diliman, 1126 Quezon City I, Fabian J., Jr. Re: Dishonesty, Falsification of Public Documents; Conduct Unbecoming a Public Official (Appeal) RESOLUTION NO___ 062113 Fabian J. Urbi Jr., former Sanggunian Secretary, Piddig, Ilocos Norte, appeals the Decision dated November 21, 2005 of Vice-Mayor Modesto U. Clemente, same municipality, which approved the recommendation of the Investigating Committee in the Investigation Report dated June 3, 2003 finding him guilty of Gross Dishonesty, Falsification of Public Documents and Conduct Unbecoming of a Public Official and imposing upon him the penalty of dismissal from the service. The appealed decision was rendered after a formal charge was issued by Vice Mayor Clemente pursuant to CSC Resolution No. 05-0778 dated June 15, 2005 which remanded the case to the latter, The pertinent provisions of Vice Mayor Clemente’s Decision dated August, 11, 2005, reads, as follows “To substantiate the allegations against the RESPONDENT, the COMPLAINANT presented the following witnesses and documentary evidences (sic), to wit: HEDY LARDIZABAL. The said witness, who is the Provincial Director of the Civil Service Commission locos Norte, confirmed that RESPONDENT took both the sub-professional and professional examinations of the Civil Service Commission on 26 July 1987 and 30 July 1989, respectively. He said that prior to 1993 the educational qualification of an applicant for the professional examination is a two-year tertiary education equivalent to 72 academic units and that the examinee is not required to submit proofs of the entries entered in his application form. However, he informed this Disciplining Authority that the records of the RESPONDENT with the Civil Service Commission were deemed lost after diligent and utmost efforts to find them proved futile. When asked, however, to interpret the entries in {ai W 991-7995 /991-7939/ 991-8092 il cscphit@escaovph Eel www.ese.,gov.ph Gal Ripublic of the Philippines Bedarra naithe PDS of the RESPONDENT pertaining to his educational background the witness concluded that the RESPONDENT represented himself to be a graduate of Bachelor of Arts, major in Political Science at the Manuel L. Quezon University considering that the pertinent entry therein did not qualify his educational status nor did it indicate the units earned as required under Civil Service Rules. He said his conclusion is bolstered with the facts that the RESPONDENT indicated that he stayed in the said University for four (4) consecutive years (1966-1970) and that he enrolled Bachelor of Laws at the Northwestern University (then Northwestern College). “GREGORIO DEL VALLE. The said witness is the incumbent registrar of the Manuel L. Quezon University (MLQU). He testified that based on the existing records of the said University the. RESPONDENT only earned 54 academic units and did not finish his Bachelor of Arts, major in Political Science. He likewise submitted the permanent records of the RESPONDENT, which disclosed that RESPONDENT did not stay at MLQU for four (4) consecutive years as he represented in his PDS. “GRACE SALES. The said witness is the incumbent registrar of the Northwestern University. She confirmed that the RESPONDENT enrolled Bachelor of Laws at the said University in 1983 and was accepted provisionally pending submission of his transcript of records. ‘She further testified that RESPONDENT indicated in his Bio-Data and Application Form that he is a graduate of Bachelor of Arts, major in Political Science, at MLQU in 1970. Prior thereto, the RESPONDENT also enrolled in the first semester of academic year 1972-1973 and only earned three (3) academic units. “AUGUSTUS A. SALAZAR. The complaining witness is the incumbent municipal mayor of Piddig, locos Norte. He charged the Respondent for GROSS DISHONESTY, for CONDUCT UNBECOMING A PUBLIC OFFICIAL, and for FALSIFICATION OF PUBLIC DOCUMENT for the misrepresentation of the latter that he is a graduate of Bachelor of Arts, major in Political Science, at MLQU to qualify himself to the position of secretary to the Sangguniang Bayan of the same municipality. “On the other hand, the RESPONDENT deliberately and intentionally refused to appear before this Disciplining Authority topresent his witnesses and to submit his evidence despite repeated notice. “This Disciplining Authority is therefore constrained to resolve the instant case with the testimonies of the witnesses of the COMPLAINANT and the evidences (sic) submitted. “The facts are undisputed. The RESPONDENT is not a graduate of Bachelor of Arts major in Political Science, at Manuel L. Quezon University contrary to his representations in his Personal Data Sheet, thus, the RESPONDENT is administratively liable for acts of GROSS DISHONESTY and/or CONDUCT UNBECOMING A PUBLIC OFFICIAL. “The testimony of GREGORIO DEL VALLE is unequivocal that the RESPONDENT is not a graduate of Bachelor of Arts, major in Political Science, at MLQU as he merely earned 54 academic units. The permanent records of the RESPONDENT further revealed that his inclusive attendance at the said University is not from 1966-1970, as he had indicated in his Personal Data Sheet, which misrepresentation is an act of dishonesty. “To further bolster the allegation of the COMPLAINANT that the RESPONDENT misrepresented himself as a graduate of Bachelor of Arts, major in Political Science, he presented the Provincial Director of the Civil Service Commission of Mocos Norte as his witness to interpret the entries indicated in the PDS of the RESPONDENT regarding his tertiary educational background. HEDY LARDIZABAL thereto testified that the failure of RESPONDENT to indicate his units earned presupposes that he earned the degree of Bachelor of Arts, major in Political Science. Moreover, he testified that the fact that the RESPONDENT stated in his PDS that he enrolled Bachelor of Laws at the then Northwestern College means that he already earned a degree to qualify for enrollment as such, It should further be emphasized that prior to 1993 the education qualification of an applicant for the professional civil service examination is at least a two-year tertiary education equivalent to 72 academic units, which is the same qualification for the position of secretary of the Sangguniang Bayan before the effectivity of the Local Government Code of 1991.“Thus, the RESPONDENT deliberately did not indicate his earned units otherwise his disqualification to take the professional civil service examination and to occupy the position of secretary of the Sangguniang Bayan will be exposed as only he earned 54 units at MLQU and three (3) units at the then Northwestern College, or an aggregate of 57 units. Evidently, the sole recourse of the RESPONDENT to qualify for both is to misrepresent himself as a graduate of Bachelor of Arts, major Political Science, as indeed he misrepresented himself to be in his Personal Data Sheet. “To remove any doubt that the RESPONDENT has misrepresented himself as a graduate of Bachelor of Arts, major in Political Science, the COMPLAINT presented GRACE SALES to testify that the RESPONDENT misrepresented himself as such to. facilitate his enrollment for Bachelor of Laws at the then Northwestern College. The Bio-Data and Application Form, which the RESPONDENT filled up, categorically revealed that the RESPONDENT misrepresented himself as a graduate of Bachelor of Arts, major in Political Science, at the MLQU in 1970, which is the last year of inclusive dates of attendance indicated in his PDS. xxXX “WHEREFORE, premises considered, the RESPONDENT is found administratively liable for acts of GROSS DISHONESTY and/or CONDUCT UNBECOMING A PUBLIC OFFICIAL based on substantial evidence, which disqualifies him to receive his back pay and other benefits earned prior to his irrevocable resignations.” Inhis appeal, Urbi stated as follows: “ON THE MATTER OF THE FIRST ASSIGNMENT OF ERROR WHERE APPELLEE GRAVELY ERRED IN FORMALLY CHARGING RESPONDENT WITHOUT FIRST CONDUCTING A PRELIMINARY INVESTIGATION “With due respect, the formal charge issued by Appellee against Appellant dated August 11, 2005, has no factual basis in law and in fact, as no Preliminary Investigation was ever conducted xxx to determine whether or not a prima facie case exists or that the complaint filed by Mayor Augustus Salazar has, in form andsubstance, complied with the provisions of Section 8, Rule If of CSC Resolution No, 99-1936. “Preliminary Investigation, in this case, is of utmost importance considering that other than the form and substance required, the genuineness, authenticity and due execution of the evidence offered must first be proved. “As a matter of fact, the data contained and used in the Formal Charge issued by Appellee, were rehashed from the findings of the Committee on Laws then chaird by S.B. Member Jovencio N. Lorenzo on April 22, 2003 and part of the submitted pleadings of Mayor Salazar with the Ombudsman, which is entirety were vacated and set aside on appeal by the Honorable Commission for Appellee’s failure. to observe due process in dismissing Appellant from the service. “The reinvestigation ordered by the Honorable Commission to be conducted by Appellee therefore partakes the procedure in new trials granted in civil cases on the ground of errors of law or irregularities committed during the trial prejudicial to the substantial rights of the respondent, xxx “To this, considering that Resolution No. 050778 of the Honorable Commission has vacated and set aside the decision of Appellee for failure to observe due process it is respectfully submitted that the entire proceedings has to be take anew pursuant to the rules prescribed in Resolution 99-1936 otherwise known as the Uniform Rules in Administrative Cases in the Civil Service. “As the procedure adopted by the Appellee in conducting the reinvestigation was not in pursuance to the established rules, from the contemplation of law, the result of the investigations conducted including the judgment rendered thereon has no leg with which to stand. “ON THE MATTER OF THE SECOND ASSIGNMENT OF ERROR WHERE APPELLEE GRAVELY ERRED IN HOLDING THAT HIS OFFICE HAS EFFECTIVE AND CONTINUING JURISDICTION OVER THE PERSON OF APPELLANT EVEN WITHOUT THE BENEFIT OF REINSTATMENT.ec “Qwingly, the true test for jurisdiction to exist in administrative proceedings is whether or not, after the conduct of investigation, the Proper Disciplining Authority can lawfully impose and enforce any findings of guilt. xxx “In this light, considering that at the time Appellee conducted the investigation, Appellant is already out of service, it follows that Appellee can no longer imposed (sic) his authority over Appellant, much more, enforce any punitive or disciplinary sanction as their relationship was already terminated and for Appellee to regain the lost jurisdiction over the person of the Appellant there is the compelling need to reinstate him before any reinvestigation is conducted. a “Verily, the jurisdiction issue raised by the Appellant is governed by Section 7, Rule 1 of CSC Resolution No. 99-1936 which provided thus: ‘Section7- Heads of Departments, agencies, provinces, cities, municipalities and other instrumentalities shall have original concurrent jurisdiction with the Commission, over their respective officers and employees.’ “Gleaning from the above-quoted provision of the Rules, it is respectfully submitted that Appellee, upon receipt of the order of the Honorable Commission, his decision had been totally divested of its legal force and binding effect. xxx “To this, it is very clear that in order for Appellee to exercise the needed jurisdiction over the person of Appellant within the ‘meaning and intents of the phrase: ‘OVER THEIR RESPECTIVE OFFICERS AND EMPLOYEES’ Appellant must be first reinstated in the service! xxx ON THE MATTER OF THE THIRD ASSIGNMENT OF ERROR WHERE APPELLEE GRAVELY ERED IN FINDING THAT THE DISMISSAL FROM THE GOVERNMENT SERVICE OF APPELLANT WAS ON ACCOUNT OF AN EARLIER RESIGNATION SUBMITTED:“scx, For while it may be true that Appellant had worked at the Governor’s Office of the Province of Quirino from April 16, 2003 to August 31, 2004, his employment was covered by a ‘consultancy contract’ where no employer-employee relationship exists. The subsequent employment from September 1, 2004 to date, as Private Secretary Il, Office of the Provincial Administrator, is a non-career position which by earlier arrangement with the appointing authority, can be withdrawn anytime upon notice. “It must also be noted in this connection that Appellant's acceptance of the employments (sic) mentioned above had not constituted abandonment specially so where he was never allowed to resigned (sic). Further, his acceptance was with clear reservations to return to his old employment because even before Appellee has, appointed a new SB Secretary to the Sanggunian to replace Appellant, Appellant had already informed CSC Laoag-Ilocos Norte Field Office that he appealed with the Commission Proper, reason for which an attestation was made to the proposed permanent appointment issued, a (sic) notations that the said appointment is subject to the outcome of the appeal thus made. “In sum, Appellee gravely erred in finding that the dismissal of Appellant from the service as Secretary of the Sangguniang Bayan of Piddig, locos Norte, was on account of the resignation filed by Appellant,” “QN THE MATTER OF THE LAST ASSIGNMENT OF ERROR WHERE APPELLEE GRAVELY ERRED IN _WILFULLY AND DELIBERATELY IGNORING AND REFUSING TO IMPLEMENT AND_ EXECUTE THE TRUE INTENT AND PURPOSE OF RESOLUTION 050778 TO THE PREJUDICE OF THE APPELLANT: “It is very clear from the records that immediately after Appellee received a copy of CSC Resolution No. 050778 on July 8, 2005, Appellee 's minions their respective intentions to challenge any ‘move to reinstate Appellant, which atrocious stand, in a manner, has tacitly swayed Appellee. “This fact is candidly shown by the recorded deliberations and verbal utterances of some members during particular sessions of the Sangguniang Bayan xxx.Records show that the case stemmed from an affidavit dated March 31, 2003 of Municipal Mayor Augustus A. Salazar, filing a complaint against Urbi for Gross Dishonesty, Conduct Unbecoming of a Public Officer and Falsification of a Public Document, and for indicating in his Personal Data Sheet (PDS) accomplished on August 22, 1991 that he graduated from the Manuel L. Quezon University (MLQU) in 1970 with the degree of Political Science. Specifically, the pertinent portions of the affidavit, read, as follows: “I AUGUSTUS A. SALAZAR, of legal age, married, Filipino citizen and a resident of Brgy. #2, Anao Piddig Ilocos Norte after having been sworn in accordance with law hereby depose and state: “That Lam the incumbent Mayor of Piddig, Nocos Norte; “That Fabian J. Urbi Jr., a resident of Brgy. #6 Tonoton, Piddig Ilocos Norte was appointed as Municipal Secretary in the Office of the Sanggunian Bayan of Piddig, locos Norte and his appointment was made permanent; “That to qualify as Municipal Secretary of the Sanggunian Bayan, one must have a college degree-ie., graduate of a four year course; “That when Fabian J. Urbi, Jr. applied and was appointed to his position as Sangguniang Bayan Secretary, he indicated in his bio- data/personal data sheet that he graduated from the Manuel L. Quezon University (MLQU) in 1970 with the degree A.B. Political Science. In fact, when he updated his personal data sheet, Fabian J. Urbi Jr. has maintained that he graduated from the MLQU, a copy of his personal data sheet is hereto attached xxx. “That upon verification made with the MLQU, it has been discovered that Fabian Urbi Jr. is not a graduate of the MLQU having earned only fifty four (34) academic units, the certification of the University Registrar of the MLQU is hereto attached xxx. With his fifty four (54) units earned, he would only be a second year irregular college student since to complete the course, one would need at least ‘one hundred and twenty five (125) units;“That the act of Fabian J. Urbi Jr. constitutes Dishonesty and Falsification and I am therefore filing administrative and criminal charges against Fabian J. Urbi Jr. for GROSS DISHONESTY, CONDUCT UNBECOMING OF A PUBLIC OFFICIAL and FALSIFICATION OF A PUBLIC DOCUMENT. Acting on the affidavit, Vice-Mayor Clemente, as presiding officer of the Sangguniang Bayan, in a letter dated April 1, 2003, directed Urbi to submit his counter-affidavit/comment under oath within three (3) days from its receipt. On the same day, Urbi received the aforesaid letter and requested an extension of time to submit his comment on the complaint lodged by the mayor. The request was granted by Vice-Mayor Clemente in a letter dated April 4, 2003 and on even date referred the complaint to the Chairman of the Committee on Laws for preliminary investigation. . Despite the additional period to submit a comment, Urbi failed to submit the same and instead on April 16, 2003 tendered a letter of irrevocable resignation addressed to Vice-Mayor Clemente, arguing that the mayor has been allegedly making derogatory remarks in an effort to condition the mind of the members of the Sangguniang Bayan, In response to the resignation letter, Vice-Mayor Clemente, in a letter dated April 28, 2003, disallowed Urbi from resigning and instead directed him to explain his unauthorized absences and, likewise, treated the letter as a return to work order on the part of Urbi. A preliminary investigation was scheduled on April 22, 2003 but this was re- scheduled to April 29, 2003 and further re-set to May 6, 2003. Urbi, despite having been duly notified of all the re-scheduled dates of hearing, failed to appear. Consequently, the Committee on Laws. treated his failure to appear as a waiver on the part of the respondent-appellant to controvert the evidence of the complainant. On June 3, 2003, the Committee on Laws submitted its Investigation Report, finding Urbi administratively liable for committing the acts complained of and recommending that the penalty of dismissal from the service be meted out on him. The recommendations made by the Committee on Discipline were adopted in roto by Vice-Mayor Clemente, and in a Decision dated June 10, 2003, he adjudged Urbi liable for Gross Dishonesty and Conduct Unbecoming of a Public Official. Aggtieved by the adverse decision, Urbi appealed to the Commission. In a letter dated July 7, 2003, Vice-Mayor Clemente was notified of the said appeal. | | |