The Supreme Court affirmed the dismissal of a government employee for dishonesty, emphasizing the high standard of integrity required in public service. This decision underscores that even a long tenure in government cannot excuse acts of dishonesty, as the primary objective of disciplining erring employees is to improve public service and maintain public trust. The Court reiterated that dishonesty, involving deception and misuse of government resources, warrants severe penalties to uphold the integrity of the civil service.

Fueling Deceit: Can Long Service Mitigate Misuse of Public Resources?

Jose L. Diaz, a City Government Division Head, faced administrative charges for dishonesty due to the alleged misuse of government gasoline. The charges stemmed from discrepancies found in the Veterinary Inspection Board’s (VIB) records, indicating that gasoline was being withdrawn for vehicles that were either decommissioned or declared unserviceable. Diaz was accused of using government resources for his personal vehicle and allowing withdrawals for vehicles that should not have been in operation. The Office of the Ombudsman found him guilty, leading to his dismissal from service, a decision affirmed by the Court of Appeals. Diaz appealed to the Supreme Court, arguing that the evidence was insufficient and the penalty too harsh given his 22 years of government service and lack of prior offenses.

The Supreme Court, in its analysis, emphasized that a petition for review under Rule 45 is generally limited to questions of law, and it is not the Court’s function to analyze or weigh evidence already considered by lower bodies. The Court reiterated the principle that the factual findings of the Office of the Ombudsman are generally accorded great weight and respect, if not finality, due to their expertise in matters under their jurisdiction. It cited Office of the Deputy Ombudsman for Luzon v. Dionisio, G.R. No. 220700, July 10, 2017, stating that when supported by substantial evidence, the Ombudsman’s factual findings are deemed conclusive. Substantial evidence, as defined by the Court, means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

Building on this principle, the Court examined the evidence presented against Diaz. The Supplies Ledger Cards (SLC) showed gasoline withdrawals for vehicles with engine no. 406Y18 and plate numbers SCB-995 and PPR-691 between 1999 and 2003. However, engine no. 406Y18 had been decommissioned as of 1998, and the vehicle with plate no. SCB-995 was declared unserviceable on August 31, 1999. Moreover, Diaz acknowledged that the vehicle with plate no. PPR-691 was his personal property, and he was already receiving transportation allowance during the period of the gasoline withdrawals. These facts, taken together, provided substantial evidence of dishonesty, according to the Court.

The Court addressed Diaz’s objections to the SLC, noting that while he claimed the records were prepared with ill motive, he presented no evidence of malice or spite. Furthermore, the Court emphasized that as public documents, the SLC are prima facie proof of their contents. It cited Tecson v. Commission On Elections, 468 Phil. 421 (2004), highlighting the trustworthiness of public documents based on the sense of official duty in their preparation, the penalties for breach of that duty, the routine and disinterested origin of such statements, and the publicity of record. Absent evidence to the contrary, the Court presumed that the SLC were regularly prepared by accountable officers.

This approach contrasts with Diaz’s defense, which included denials and claims that his office continued to use the vehicle with plate no. SCB-995 even after it was declared unserviceable. However, the Court found this implausible, especially given that Diaz himself had authorized the vehicle’s withdrawal for disposal in a letter dated July 9, 2001. The Court also noted inconsistencies in Diaz’s statements regarding the alleged engine replacement, further undermining his credibility.

The Supreme Court also addressed the issue of the penalty imposed. Diaz argued that the penalty of dismissal was too harsh, considering his 22 years of government service and the fact that it was his first offense. However, the Court emphasized that dishonesty is a grave offense that cannot be mitigated by length of service or being a first-time offender. As stated in Medina v. Commission on Audit, 567 Phil. 649, 664 (2008), jurisprudence is replete with cases declaring that a grave offense cannot be mitigated by the public employee’s length of service or the fact that he is a first-time offender.

The Court quoted from Medina v. Commission on Audit, emphasizing that the object of disciplining an officer or employee is not merely punishment, but the improvement of public service and the preservation of public faith and confidence in the government. Dishonesty and grave misconduct are considered anathema in the civil service, reflecting on an employee’s fitness to continue in office. This perspective aligns with Section 52 (A)(l), Rule IV of the URACCS, which prescribes dismissal for the first offense of dishonesty.

In the case of Balasbas v. Monayao, 726 Phil. 664, 674-675 (2014), the Court defined dishonesty as the concealment or distortion of truth in a matter of fact relevant to one’s office or connected with the performance of duty, implying a disposition to lie, cheat, deceive, or defraud. The actions of Diaz, involving the misuse of government gasoline through deception, clearly fell within this definition, warranting the penalty of dismissal.

Furthermore, the Court affirmed the accessory penalties imposed by the Ombudsman and the CA, namely, cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for re-employment in the government service. These penalties are consistent with Section 58(a), Rule IV of the URACCS, reinforcing the severity of the consequences for dishonesty in public service.

FAQs

What was the key issue in this case?	The central issue was whether Jose L. Diaz was guilty of dishonesty for misusing government gasoline and whether the penalty of dismissal was appropriate given his length of service. The Supreme Court upheld his dismissal, emphasizing that dishonesty cannot be excused by long service.
What evidence did the Ombudsman rely on?	The Ombudsman relied on the Supplies Ledger Cards (SLC) showing gasoline withdrawals for vehicles that were either decommissioned or declared unserviceable. The SLCs, being public documents, were considered prima facie proof of their contents.
What was Diaz’s defense?	Diaz argued that the SLCs were prepared with ill motive and that his office continued to use the vehicle even after it was declared unserviceable. He also claimed that the vehicle was eventually auctioned off, but he could not provide specific documentation.
Why did the Court reject Diaz’s defense?	The Court rejected Diaz’s defense because he failed to provide evidence of malice in the preparation of the SLCs. Furthermore, his claim that the vehicle was still in use was inconsistent with his prior actions and statements.
Can length of service mitigate a finding of dishonesty?	No, the Court emphasized that dishonesty is a grave offense that cannot be mitigated by length of service or the fact that it is a first-time offense. The primary goal is to maintain public trust and improve public service.
What is the definition of dishonesty according to the Court?	The Court defined dishonesty as the concealment or distortion of truth in a matter of fact relevant to one’s office or connected with the performance of duty. It implies a disposition to lie, cheat, deceive, or defraud.
What penalties are imposed for dishonesty in government service?	For the first offense of dishonesty, the penalty is dismissal from service, along with cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for re-employment in the government service. These penalties are consistent with the Uniform Rules on Administrative Cases in the Civil Service (URACCS).
What is the significance of public documents in administrative cases?	Public documents, such as the Supplies Ledger Cards in this case, are considered prima facie proof of their contents. The Court presumes that public officials perform their duties regularly and that public documents are prepared accurately.
What is the role of the Office of the Ombudsman?	The Office of the Ombudsman is responsible for investigating and prosecuting cases of corruption and abuse of power in government. Its factual findings are generally accorded great weight and respect by the courts.

In conclusion, the Supreme Court’s decision in this case underscores the zero-tolerance policy towards dishonesty in public service. The ruling serves as a reminder that public servants are expected to uphold the highest standards of integrity and that any breach of this trust will be met with severe consequences, regardless of their tenure or prior record. The paramount consideration is the preservation of public trust and the improvement of 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: Jose L. Diaz vs. The Office of the Ombudsman, G.R. No. 203217, July 02, 2018