G.R. No. 275125 - CIVIL SERVICE COMMISSION, VS. SHEILA V. SOLIVA. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Decision dated January 17, 2013 of the Regional Office, DepEd Region VI, is hereby MODIFIED. Respondent SHEILA C. VENUS is hereby found guilty of Conduct Prejudicial to the Best Interest of the Service. Considering that Respondent Shiela C. Venus has served the maximum penalty of one (1) year suspension imposed by the Civil Service Commission (CSC) due to her conviction of Disgraceful and Immoral Conduct, she is hereby deemed to have served the penalty for Conduct Prejudicial to the Best Interest of the Service. SO RESOLVED. [19] In 2014, a Complaint [20] was also filed by Krystelle with the CSC RO VI against Sheila for immorality and conduct prejudicial to the best interest of the service. [21] Krystelle alleged that Sheila continued to have an amorous relationship with Joemar despite her prior conviction for a similar administrative offense by the CSC RO VI and the DepEd. [22] She added that Sheila continued to use Soliva as her surname and moved in with Joemar in the house where Krystelle and her siblings live, causing Krystelle and her siblings to move out. [23] In Decision No. 180001, [24] the CSC RO VI found Sheila, who was at that time a Head Teacher in Bungsuan National High School, Dumarao, Capiz, administratively liable for disgraceful and immoral conduct and conduct prejudicial to the best interest of the service. Considering that the case was her second administrative offense, the CDC RO VI imposed the penalty of dismissal from the service and forfeiture of retirement benefits as follows: WHEREFORE, Sheila C. Venus-Soliva, Head Teacher, Bungsuan National High School, Dumarao, Capiz, is found guilty of Disgraceful and Immoral Conduct (Immorality) and Conduct Prejudicial to the Best Interest of the Service. Considering that the present charge constitutes her second offense of Disgraceful and Immoral Conduct and Conduct Prejudicial to the Best Interest of the Service, the penalty of DISMISSAL from the service is meted upon the respondent with the accessory penalties of forfeiture of retirement benefits (except accrued leave credits/terminal benefits and personal contributions to the GSIS, if any), cancellation of eligibility, perpetual disqualification from holding public office and bar from taking Civil Service Examinations. [25] Sheila filed a Motion for Reconsideration, which was denied by the CSC RO VI in a Resolution. [26] Sheila filed a Petition for Review with the CSC, which was denied in a Decision. [27] The CSC ruled that there is no res judicata between the present complaint and the earlier case filed against Sheila with the CSC as it was based on Sheila's cohabitation with Joemar after the conviction under the first administrative case. [28] The dispositive portion of the CSC Decision reads: WHEREFORE, the Petition for Review of Sheila C. Venus-Soliva, Head Teacher, Bungsuan National High School, Dumarao, Capiz, is hereby DISMISSED. Accordingly, Decision No. 180001 dated January 5, 2018 of t