The Supreme Court affirmed the dismissal of an immigration officer found guilty of grave misconduct for extorting money from an educational institution seeking accreditation. The Court emphasized that public office is a public trust, and any act of corruption, such as soliciting bribes, warrants the termination of service and perpetual disqualification from holding public office. This decision reinforces the principle that public servants must maintain the highest standards of integrity and accountability, and those who violate this trust will face severe consequences, regardless of whether it is a first offense.

When ‘That’s the System’ Means the End of a Public Servant’s Career

Maria Rowena Regalado, an Immigration Officer I, was found to have engaged in a scheme to extract money from St. Martha’s Day Care Center and Tutorial Center, Inc. She initially demanded P50,000 for accreditation, later reducing the amount to P10,000 plus an “honorarium” for her boss. The owner of St. Martha’s, Carmelita Doromal, and her staff, Syren Diaz and Mae Kristen Tautho, reported Regalado’s actions to the Office of the Ombudsman for Mindanao. The Ombudsman found Regalado guilty of Grave Misconduct and violation of Section 7(d) of Republic Act No. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees, and ordered her dismissal from service.

Regalado’s defense was that she was merely helping St. Martha’s and that her actions were misconstrued. However, the Court of Appeals initially affirmed the Ombudsman’s decision. Upon motion for reconsideration, the Court of Appeals amended its decision, reducing Regalado’s penalty to a one-year suspension without pay, citing mitigating circumstances such as it being her first offense and positive feedback from other schools she had assisted. The Office of the Ombudsman then appealed to the Supreme Court, arguing that the reduction of the penalty was unwarranted given the gravity of the misconduct.

The Supreme Court, in its decision, emphasized the fundamental principle that “Public office is a public trust.” The Court cited Section 1, Article XI of the 1987 Constitution, which states:

Section 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

The Court underscored that public servants must maintain the highest standards of integrity and accountability, and that any breach of this trust should be met with severe consequences. The Court stated that no one has a vested right to public office and that tenure is contingent upon maintaining public trust. The Court referred to the 2017 Rules on Administrative Cases in the Civil Service (RACCS), which classify grave misconduct as a grave offense punishable by dismissal from service. Rule 10, Sections 50 and 57 of the 2017 RACCS provide:

Section 50. Classification of Offenses. — Administrative offenses with corresponding penalties are classified into grave, less grave and light, depending on their gravity or depravity and effects on the government service.

A. The following grave offenses shall be punishable by dismissal from the service:
. . . .
3. Grave Misconduct;

Further, the Court highlighted that Republic Act No. 6713 specifically prohibits the solicitation or acceptance of gifts in the course of official duties. Section 7(d) of Republic Act No. 6713 provides:

Section 7. Prohibited Acts and Transactions. – In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:

(d) Solicitation or acceptance of gifts. — Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.

The Court found that Regalado’s actions clearly violated Section 7(d) of Republic Act No. 6713. It was noted that the act of requesting pecuniary or material benefits is specifically listed by Section 3(c) of Republic Act No. 3019 as a “corrupt practice.” Therefore, Regalado’s actions warranted the penalty of dismissal from service.

The Court then addressed the mitigating circumstances cited by the Court of Appeals. It stated that the fact that it was Regalado’s first offense should not have been considered a mitigating factor. The Court cited the En Banc decision in Duque v. Veloso, which underscored that the clear language of Section 52, Rule IV of the Uniform Rules does not consider a first-time offender as a mitigating circumstance. The Court further cited Medina v. Commission on Audit, emphasizing that a grave offense cannot be mitigated by the fact that the accused is a first-time offender or by the length of service of the accused.

The Court also dismissed the affidavits from other schools stating their satisfaction with Regalado’s service as a basis for mitigating her liability. The Court emphasized that Regalado’s actions went beyond merely soliciting pecuniary benefits; she was brazen in extorting money from the complainants. She used a falsified copy of an official issuance of the Bureau of Immigration, professed undue influence over other officers, and threatened denial of benefits if her demands were not met. The Court highlighted Regalado’s statement, “Yes, my dear, that’s the system ng government,” as particularly telling of her audacity and depravity.

Ultimately, the Supreme Court granted the Petition for Review on Certiorari, reversing and setting aside the Amended Decision of the Court of Appeals. The Court reinstated the original decision, finding Regalado guilty of Grave Misconduct and of violating Section 7(d) of Republic Act No. 6713. She was to suffer the penalty of dismissal from service, along with its accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from employment in government.

FAQs

What was the key issue in this case?	The key issue was whether the Court of Appeals erred in reducing the penalty of dismissal from service to a one-year suspension for an immigration officer found guilty of grave misconduct and violation of Republic Act No. 6713. The Supreme Court addressed whether mitigating circumstances justified the reduced penalty.
What is Grave Misconduct?	Grave Misconduct involves the transgression of established rules, especially unlawful behavior or gross negligence by a public officer, with elements of corruption or willful intent to violate the law. It is severe enough to warrant dismissal from public service.
What is Republic Act No. 6713?	Republic Act No. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees, sets standards for the behavior of government officials and employees. It prohibits acts like soliciting or accepting gifts in connection with official duties.
What are the penalties for violating Republic Act No. 6713?	Penalties include fines, suspension, or removal from office, depending on the severity of the offense. Violations of Section 7, 8, or 9 can lead to imprisonment, fines, and disqualification from holding public office.
Can a first-time offense be considered as a mitigating circumstance in cases of Grave Misconduct?	No, a first-time offense is generally not considered a mitigating circumstance in cases of Grave Misconduct. The Supreme Court has held that the gravity of the offense outweighs the fact that it was the offender’s first administrative infraction.
What does “Public office is a public trust” mean?	This principle means that public officials must act with utmost responsibility, integrity, loyalty, and efficiency, and are accountable to the people. It implies that holding a government position is a privilege contingent upon maintaining public confidence.
What is the three-fold liability rule in the law on public officers?	The three-fold liability rule states that the wrongful acts or omissions of a public officer can give rise to civil, criminal, and administrative liability. Each action can proceed independently of the others.
What accessory penalties come with dismissal from service?	Accessory penalties typically include cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from reemployment in the government service. This ensures that individuals dismissed for grave offenses cannot return to public service.

This case serves as a stern reminder to all public officials that integrity and accountability are paramount. The Supreme Court’s unwavering stance against corruption sends a clear message that those who abuse their positions for personal gain will face severe consequences. The decision reinforces the importance of maintaining public trust and upholding the highest ethical standards in government service.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: OFFICE OF THE OMBUDSMAN vs. REGALADO, G.R. Nos. 208481-82, February 07, 2018