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    Estelito V. Remolona vs. Civil Service Commission G.R. No. 137473 August 2, 2001 PUNO, J.: Facts

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    Lara Agatep
    1) Cynthia Caberoy was the principal of a high school in Iloilo City. She was charged with oppression and violations of the Anti-Graft law for allegedly withholding a teacher's salary. 2) The Ombudsman found that the teacher was the only one who did not receive her June 2002 salary because she failed to submit her clearance and performance evaluation on time, while other teachers received their pay. 3) The Supreme Court held that Caberoy was not guilty of oppression or violations of the Anti-Graft law. While there was a delay, the teacher was eventually paid her full June 2002 salary in two later payments in July 2002. Delaying payment until clearance documents

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    Estelito V. Remolona vs. Civil Service Commission G.R. No. 137473 August 2, 2001 PUNO, J.: Facts

    Uploaded by

    Lara Agatep
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    1) Cynthia Caberoy was the principal of a high school in Iloilo City. She was charged with oppression and violations of the Anti-Graft law for allegedly withholding a teacher's salary. 2) The Ombudsman found that the teacher was the only one who did not receive her June 2002 salary because she failed to submit her clearance and performance evaluation on time, while other teachers received their pay. 3) The Supreme Court held that Caberoy was not guilty of oppression or violations of the Anti-Graft law. While there was a delay, the teacher was eventually paid her full June 2002 salary in two later payments in July 2002. Delaying payment until clearance documents

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    122776062-Remolona-v-CSC

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    1) Cynthia Caberoy was the principal of a high school in Iloilo City. She was charged with oppression and violations of the Anti-Graft law for allegedly withholding a teacher's salary. 2) The Ombudsman found that the teacher was the only one who did not receive her June 2002 salary because she failed to submit her clearance and performance evaluation on time, while other teachers received their pay. 3) The Supreme Court held that Caberoy was not guilty of oppression or violations of the Anti-Graft law. While there was a delay, the teacher was eventually paid her full June 2002 salary in two later payments in July 2002. Delaying payment until clearance documents

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    100 views4 pages

    Estelito V. Remolona vs. Civil Service Commission G.R. No. 137473 August 2, 2001 PUNO, J.: Facts

    Uploaded by

    Lara Agatep
    1) Cynthia Caberoy was the principal of a high school in Iloilo City. She was charged with oppression and violations of the Anti-Graft law for allegedly withholding a teacher's salary. 2) The Ombudsman found that the teacher was the only one who did not receive her June 2002 salary because she failed to submit her clearance and performance evaluation on time, while other teachers received their pay. 3) The Supreme Court held that Caberoy was not guilty of oppression or violations of the Anti-Graft law. While there was a delay, the teacher was eventually paid her full June 2002 salary in two later payments in July 2002. Delaying payment until clearance documents

    Copyright:

    © All Rights Reserved
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    of 4

    ESTELITO V.

    REMOLONA
    vs. CIVIL SERVICE COMMISSION
    G.R. No. 137473
    August 2, 2001

    PUNO, J.:

    FACTS:

    Estelito Remolona is the Postmaster of Infanta, Quezon while his wife Nery is a
    teacher in Kiborosa Elementary School. On January 3, 1991, Francisco America,
    the District Supervisor of Infanta inquired about Nery’s Civil Service eligibility
    who purportedly got a rating of 81.25%. Mr. America also disclosed that he
    received information that Nery was campaigning for a fee of 8,000 pesos per
    examinee for a passing mark in the board examination for teachers. It was
    eventually revealed that Nery Remolona’s name did not appear in the passing
    and failing examinees and that the exam no. 061285 as indicated in her report
    of rating belonged to a certain Marlou Madelo who got a rating of 65%.Estelito
    Remolona in his written statement of facts said that he met a certain Atty.
    Salupadin in a bus, who offered to help his wife obtain eligibility for a fee of
    3,000 pesos. Mr. America however, informed Nery that there was no vacancy
    when she presented her rating report, so Estelito went to Lucena to complain
    that America asked for money in exchange for the appointment of his wife, and
    that from 1986-1988, America was able to receive 6 checks at 2,600pesos each
    plus bonus of Nery Remolona. Remolona admitted that he was responsible for
    the fake eligibility and that his wife had no knowledge thereof. On
    recommendation of Regional Director Amilhasan of the Civil Service, the CSC
    found the spouses guilty of dishonesty and imposed a penalty of dismissal and
    all its accessory penalties. On Motion for Reconsideration, only Nery was
    exonerated and reinstated. On appeal, the Court of Appeals dismissed the
    petition for review and denied the motion for reconsideration and new trial.

    ISSUE:

    Whether or not a civil service employee can be dismissed from the government
    service for an offense which is not work-related or which is not connected with
    the performance of his official duty.
    HELD:

    Yes. The private life of an employee cannot be segregated from his public
    life. Dishonesty inevitably reflects on the fitness of the officer or employee to
    continue in office and the discipline and morale of the service. It cannot be
    denied that dishonesty is considered a grave offense punishable by dismissal
    for the first offense under Section 23, Rule XIV of the Rules Implementing Book
    V of Executive Order No. 292.  And the rule is that dishonesty, in order to
    warrant dismissal, need not be committed in the course of the performance of
    duty by the person charged.  The rationale for the rule is that if a government
    officer or employee is dishonest or is guilty of oppression or grave misconduct,
    even if said defects of character are not connected with his office, they affect
    his right to continue in office.  The Government cannot tolerate in its service a
    dishonest official, even if he performs his duties correctly and well, because by
    reason of his government position, he is given more and ample opportunity to
    commit acts of dishonesty against his fellow men, even against offices and
    entities of the government other than the office where he is employed; and by
    reason of his office, he enjoys and possesses a certain influence and power
    which renders the victims of his grave misconduct, oppression and dishonesty
    less disposed and prepared to resist and to counteract his evil acts and
    actuations.  Decision appealed from is hereby AFFIRMED in toto.
    Office of the Ombudsman v. Cynthia Caberoy
    GR No. 188066 October 22, 2014

    FACTS:
    Caberoy is the principal of Ramon Avanceña National High School
    (RANHS) in Arevalo, Iloilo City. She was charged with Oppression and Violation
    of Section 3(e) and (f) of RA No. 3019 or the “Anti-Graft and Corrupt Practices
    Act” by Tuares for allegedly withholding her salary for the month of June 2002.
    The Ombudsman found that Tuares was not paid any amount in June
    2002 because of her failure to submit her clearance and Performance Appraisal
    Sheet for Teachers (PAST), while the other teachers received their salaries for
    the same month. The Ombudsman concluded that Tuares was “singled out by
    respondent Caberoy as the only one who did not receive any amount from the
    school on June 2002 because, as established earlier, the former failed to submit
    her clearance and PAST.”

    ISSUE:
    Whether or not Caberoy is guilty of Oppression and violation of Sec. 3(e)
    and (f) of RA 3019.

    HELD:
    NO. Caberoy was charged with oppression and violation of RA 3019,
    however, the Ombudsman, found Caberoy guilty only of Oppression. Thus, the
    Court need not discussed the violation of RA 3019.
    Oppression is an administrative offense21 penalized under the Uniform
    Rules on Administrative Cases in the Civil Service.
    Oppression is also known as grave abuse of authority, which is a
    misdemeanor committed by a public officer, who under color of his office,
    wrongfully inflict upon any person any bodily harm, imprisonment or other
    injury. It is an act of cruelty, severity, or excessive use of authority. To be held
    administratively liable for Oppression or Grave Abuse of Authority, there must
    be substantial evidence presented proving the complainant’s allegations.
    Substantial evidence is that amount of relevant evidence which a reasonable
    mind might accept as adequate to support a conclusion.
    Evidently, from the foregoing disquisitions, respondent Ombudsman
    contradicted itself when it found and held that petitioner was guilty of
    “oppression” for not paying the private respondent her June 2002 salary,
    because as a matter of fact she has been paid albeit delayed. Such payment is
    clearly and indubitably established from the table where it was shown that
    private respondent received on July 17 and 25, 2002, her June 2002 salary in the
    amounts of P4,613.80 and P4,612.00, respectively.
    There was delay in the payment of salary because “it is a well-known fact
    that in the government service an employee must submit his daily time record
    duly accomplished and approved before one can collect his salary.”

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