G.R. No. 232666 - FIELD INVESTIGATION UNIT-OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON, V. RAQUEL A. DE CASTRO.

Ruling

WHEREFORE , judgment is rendered finding respondent Raquel A. de Castro guilty of Grave Misconduct and is meted the penalty of dismissal from the service , with the accessory penalties of forfeiture of retirement benefits, perpetual disqualification from holding public office, cancellation of civil service eligibility, and bar from taking civil service examinations , pursuant to Section 10, Rule III, Administrative Order No. 07, as amended by Administrative Order No. 17 in relation to Section 25 of Republic Act No. 6770. In the event that the penalty of dismissal can no longer be enforced due to respondent's separation from the service, the penalty shall be converted into a Fine in an amount equivalent to respondent's salary for one (1) year, payable to the Office of the Ombudsman, and may be deductible from respondent's retirement benefits, accrued leave credits or any receivable from her office. The Honorable Secretary of the Department of the Interior and Local Government is hereby directed to implement this DECISION immediately upon receipt thereof pursuant to Section 7, Rule III of Administrative Order No. 17 (Ombudsman Rules of Procedure) in relation to Memorandum Circular No. 1, series of 2006, dated 11 April 2006 and to promptly inform his Office of the action taken hereon. SO RESOLVED. [11] Undeterred, the respondent filed a Petition for Review with the CA anchored on her claim that she is not guilty of Grave Misconduct. In a Decision[ [12] dated January 20, 2017, the CA partially granted the petition and held that the respondent is guilty of Simple Misconduct only there being no substantial evidence to show that any of the elements of corruption, clear intent to violate the law or flagrant disregard of rules is present, viz .: WHEREFORE , premises considered, the instant Petition for Review is PARTIALLY GRANTED such that [the respondent] is found guilty of SIMPLE MISCONDUCT with the penalty of suspension of one (1) month and one (1) day. Considering that [the respondent] has been out of the service for more than the imposed suspension, she should now be REINSTATED to her former position. SO ORDERED.