The Supreme Court held that a public official is guilty of grave misconduct when neglecting to act upon a complaint about a violation of the law they are responsible for enforcing. Samson De Leon, as the Provincial Environment and Natural Resources Officer (PENRO), failed to adequately address illegal quarrying activities within his jurisdiction. The Court reversed the Court of Appeals’ decision, finding De Leon guilty of gross neglect of duty and imposing a one-year suspension without pay, emphasizing the immediate executory nature of decisions by the Office of the Ombudsman.

Environmental Negligence: When Inaction Becomes a Breach of Public Trust

This case arose from a report of illegal quarrying in Baras, Rizal, which prompted an investigation by the Office of the Ombudsman. Graft Investigation Officer Dante D. Tornilla confirmed the illegal activity and recommended a preliminary investigation against several officials, including Baras Municipal Mayor Roberto Ferrera and PENRO Samson De Leon. DILG Resident Ombudsman Rudiger G. Falcis II specifically sought De Leon’s inclusion due to his role as PENRO and Chairman of the Provincial Mining Regulatory Board (PMRB) of Rizal. The central legal question revolved around whether De Leon’s inaction constituted gross neglect of duty, warranting disciplinary action.

After preliminary investigation, the complaint was initially dismissed for lack of substantial evidence, but this decision was disapproved by Assistant Ombudsman Aportadera, Jr. The case was then referred to Atty. Sabino M. Cruz, Resident Ombudsman for the Department of Environment and Natural Resources (DENR), who recommended that De Leon be penalized with a one-year suspension without pay for gross neglect of duty. The Ombudsman approved this recommendation, leading De Leon to file a motion for reconsideration, which was subsequently denied. Dissatisfied, De Leon appealed to the Court of Appeals (CA), arguing that the Ombudsman had erred in disregarding the initial findings and in finding him liable for gross neglect of duty.

The CA modified the Ombudsman’s decision, reducing the penalty to a three-month suspension without pay for simple neglect of duty. The CA reasoned that De Leon’s offense was not brazen, flagrant, and palpable enough to constitute gross neglect. However, the Supreme Court disagreed with the CA’s assessment. The Supreme Court emphasized De Leon’s responsibilities as the PENRO and Chairman of the PMRB. These roles demanded the effective implementation and enforcement of environmental laws and regulations.

The Court highlighted De Leon’s failure to take affirmative action to stop the illegal quarrying, despite being aware of the issue and having the authority to address it. Citing the Civil Service Position Description Form, the Court noted that De Leon, as PENRO of Rizal, was the highest executive officer of the DENR at the provincial level. He had the authority to coordinate all DENR agencies within his jurisdiction, including the PMRB. The Supreme Court emphasized that even the CA acknowledged De Leon’s shortcomings, noting that he should have personally verified the reports and confirmed the findings, especially given the presence of large machinery and visible extraction in the area. Despite these observations, the CA still deemed him guilty only of simple neglect of duty, which the Supreme Court found to be an error.

The Supreme Court then clarified the distinction between **gross neglect of duty** and **simple neglect of duty**. According to the Court, gross neglect of duty is defined as “negligence characterized by the want of even slight care, or by acting or omitting to act in a situation where there is a duty to act, not inadvertently but wilfully and intentionally, with a conscious indifference to the consequences, insofar as other persons may be affected.” The Court emphasized that it denotes a flagrant and culpable refusal or unwillingness to perform a duty, especially when the breach is flagrant and palpable in the case of public officials. In contrast, simple neglect of duty means the failure of an employee or official to give proper attention to a task expected of him or her, signifying a disregard of a duty resulting from carelessness or indifference.

Applying these definitions, the Supreme Court concluded that De Leon’s actions, or rather his inaction, constituted gross neglect of duty. Given his rank and level of responsibility, he failed to perform the act expected of him as the PENRO. The Court reasoned that he was precisely assigned to perform tasks that imposed on him the obligation to do everything reasonably necessary and permissible under the law to achieve the objectives of environmental protection. The Court noted that De Leon could not feign ignorance of the Government’s current efforts to control or prevent environmental deterioration from all hazards, including uncontrolled mining and unregulated illegal quarrying. Instead, he chose to be passive despite clear indications of the illegal quarrying activities.

The Court further noted De Leon’s insincere contention that monitoring mining and quarrying activities was the responsibility of the Regional Director of the Mines and Geo-Sciences Bureau. The Court emphasized that De Leon was the concurrent Chairman of the Provincial Mining Regulatory Board, the office directly tasked with the implementation of all environmental laws, rules, and regulations. He had no justification for accepting the reports of his subordinates at face value despite indications to the contrary, especially considering that the quarrying site was only about 400 meters away from the main road. The Supreme Court also addressed the question of whether the decision of the Office of the Ombudsman was immediately executory. The Court clarified that, according to existing jurisprudence, the decision is indeed immediately executory, and an appeal does not stop the decision from being executory. This principle was clearly articulated in Ombudsman v. Court of Appeals, which referenced Administrative Order No. 14-A (AO 14-A) and AO 17, amending Rule III of the Rules of Procedure of the Office of the Ombudsman.

The Supreme Court quoted Section 7 of AO 17, which explicitly states, “An appeal shall not stop the decision from being executory.” The Court also cited Buencamino v. Court of Appeals, which affirmed that decisions of the Ombudsman are immediately executory even pending appeal, superseding previous rulings. In conclusion, the Supreme Court reversed and set aside the CA’s decision, holding Samson De Leon guilty of gross neglect of duty and imposing a one-year suspension from office without pay. This ruling reinforces the importance of public officials diligently performing their duties and upholding environmental protection laws, and makes clear decisions from the Ombudsman’s office are immediately executory.

FAQs

What was the key issue in this case?	The key issue was whether Samson De Leon, as the Provincial Environment and Natural Resources Officer (PENRO), was guilty of gross neglect of duty for failing to adequately address illegal quarrying activities.
What is gross neglect of duty?	Gross neglect of duty is negligence characterized by a want of even slight care, or by acting or omitting to act with a conscious indifference to the consequences. It denotes a flagrant and culpable refusal or unwillingness of a person to perform a duty.
What penalty did the Supreme Court impose on De Leon?	The Supreme Court imposed a penalty of suspension from office for one year without pay.
Was the decision of the Ombudsman immediately executory?	Yes, the Supreme Court clarified that decisions of the Office of the Ombudsman are immediately executory, and an appeal does not stop the decision from being enforced.
What was De Leon’s primary responsibility as PENRO?	As the PENRO and Chairman of the PMRB, De Leon’s primary responsibility was to ensure that environmental laws and regulations were complied with and effectively implemented and enforced.
What was the basis for the Supreme Court’s decision?	The Supreme Court based its decision on De Leon’s failure to take affirmative action to stop illegal quarrying, despite being aware of the issue and having the authority to address it.
How did the Court of Appeals rule in this case?	The Court of Appeals modified the Ombudsman’s decision, reducing the penalty to a three-month suspension without pay for simple neglect of duty.
What is simple neglect of duty?	Simple neglect of duty is the failure of an employee or official to give proper attention to a task expected of them, signifying a disregard of duty resulting from carelessness or indifference.

This case underscores the responsibilities of public officials, particularly those in environmental protection roles. The Supreme Court’s decision emphasizes accountability and the need for proactive measures to prevent environmental degradation. The ruling also serves as a reminder of the immediate executory nature of decisions from the Office of the Ombudsman, ensuring swift enforcement of penalties against erring public officials.

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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 v. SAMSON DE LEON, G.R. No. 154083, February 27, 2013