G.R. No. 143538 - VICENTE A. MIEL, VS. JESUS A. MALINDOG.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, Jesus A. Malindog is hereby found guilty of Dishonesty. Accordingly, he is meted the penalty of dismissal from the service with all the accessory penalties including perpetual disqualification from holding public office and from taking future government examinations. [11] Respondent filed a Motion for Reconsideration of CSC-HO Resolution No. 973301 dated 7 July 1997, but it was denied by the CSC-HO in its Resolution No. 980648 [12] dated 25 March 1998. Thus, respondent appealed to the Court of Appeals via Rule 43 of the Rules of Court. Respondent's appeal was docketed as CA-G.R. SP No. 48045. The Court of Appeals promulgated on 29 July 1999 its Decision in CA-G.R. SP No. 48045, affirming with modification CSC-HO Resolution No. 973301 dated 7 July 1997. The appellate court sustained the finding of the CSC-HO that respondent was guilty of dishonesty for making false statements in his second and third PDSs. Nevertheless, it held that the penalty of dismissal imposed on respondent should be reduced to one-year suspension from work without pay considering that: (1) respondent had been in the government service for almost 20 years; (2) this was his first offense; (3) he rose from the ranks as a mere laborer until he was promoted to Engineer II at the SED-DPWH; and (3) he returned the loyalty cash award of P1,500.00. Hence, the Court of Appeals decreed: WHEREFORE, the Resolutions of the Civil Service Commission are hereby AFFIRMED, with the MODIFICATION that petitioner is penalized to suffer one year suspension without pay, with the warning that a repetition of the same or similar act will be dealt with more severely. [13] In its Resolution dated 26 May 2000, the Court of Appeals denied petitioner's Motion for Reconsideration of the aforementioned Decision. Consequently, petitioner lodged the instant Petition before us assigning the following errors: I. THE COURT OF APPEALS ERRED IN FAILING TO APPLY SECTION 4, RULE 43 OF THE RULES OF PROCEDURE THAT THE APPEAL OF RESPONDENT WAS FILED OUT OF TIME BY IGNORING OUR DOCUMENTARY EVIDENCE ISSUED BY THE CIVIL SERVICE COMMISSION THAT RESPONDENT'S FORMER COUNSEL OR THROUGH RESPONSIBLE PERSON IN HIS OFFICE ADDRESS RECEIVED CSC RESOLUTION DENYING HIS MOTION FOR RECONSIDERATION FIFTY ONE (51) DAYS BEFORE FILING HIS PETITION FOR REVIEW WITH THE COURT OF APPEALS. THE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION TANTAMOUNT TO EXCESS OF JURISDICTION; II. THE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION BY IMPOSING THE PENALTY OF ONE YEAR SUSPENSION INSTEAD OF AFFIRMING THE CIVIL SERVICE COMMISSION'S PENALTY OF DISMISSAL AGAINST THE LAW AND APPLICABLE DECISIONS OF THE SUPREME COURT, SINCE IT COULD NOT FAULT THE CIVIL SERVICE COMMISSION FOR HAVING COMMITTED ANY GRAVE ABUSE OF DISCRETION. Apropos the first issue, petitioner asserts that respondent's appeal of CSC-HO Resolution No. 980648 before the Court of Appeals was filed beyond the period allowed for appeal and should have been therefore dismi