G.R. No. 149022 - CARMENCITA D. CORONEL, VS. HON. ANIANO A. DESIERTO,[*] AS OMBUDSMAN, AND PEDRO SAUSAL, JR..R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, this Office finds and so holds that respondent CARMENCITA D. CORONEL is guilty of DISHONESTY and is hereby DISMISSED from the service, with forfeiture of all leave credits and retirement benefits, pursuant to Sec. 22(a) in relation to Sec. 9 of Rule XIV of the Omnibus Rules Implementing Book V of the Administrative Code of 1987. She is disqualified from reemployment in the national and local governments, as well as in any government instrumentality or agency, including government-owned or controlled corporations. Let a copy of this decision be entered in the personal records of the respondent. (emphasis supplied) Petitioner then filed a motion for reconsideration contending that the complaint is not supported by any proof except complainants whimsical and self-serving statement. Petitioner attached to her motion the sworn statement of Mariano Marzo, Jr., the proprietor of Marvillas Store, attesting, among others, that: (a) on October 14, 1998, he was in his store when petitioner and her group, consisting of more or less ten persons, arrived at noontime and held a luncheon meeting; and (b) after the meeting, petitioner paid P1,213.00 for which he personally issued the corresponding Cash Invoice No. 0736 dated October 14, 1998. Petitioner also submitted the affidavits of some of those who attended the luncheon meeting, namely: Cedric D. Laguerta, General Manager of Kauswagan Water District, Lanao del Norte; Romeo J. Angeles, General Manager of Wao Water District, Lanao del Sur; Bede G. Gata, Advisor of the Local Water Utilities Administration, Balara, Quezon City; and Rhodora V. Gumban, Advisor of the LWUA, Quezon City. They all affirmed that there were more or less ten people who attended the luncheon meeting. Finally, petitioner submitted a Certification issued by Glenn Jose A. Quijoy, Barangay Chairman of Buru-un, Iligan City, attesting that the amount paid by petitioner vis-à-vis the number of persons who ate lunch during the meeting is reasonable, being then the prevailing price of meals in the area. On March 7, 2001, Graft Investigation Officer Morales issued an Order granting petitioners motion for reconsideration and setting aside the December 29, 2000 Decision declaring petitioner guilty of dishonesty, thus: Be it noted that in a letter dated March 1, 2000, this office requested Mariano S. Marzo, Jr. to mail the duplicate of Cash Invoice No. 0736 dated October 14, 1998, however, this was returned for reason that the addressee did not claim said letter despite three notices from the post office. x x x Nevertheless, examining the second argument presented by respondent, this is found to have notably corroborated the averments in her counter-affidavit. Respondent explained that in the morning of October 14, 1998, the general manager of Wao Water District together with its Resident Engineer Sam Bautista, Advisor Rhodora Gumban from LWUA, Manila, General Manager of Kauswagan Water District with another LWUA