G.R. No. 248255 - CIVIL SERVICE COMMISSION, VS. MARILOU T. RODRIGUEZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the Petition for Review of Marilou T. Rodriguez, Nurse II, City Health Office, City Government of Mati, Davao Oriental, is hereby DISMISSED . Accordingly, Decision No. 2016-13 dated April 8, 2016 issued by the Civil Service Commission Regional Office (CSC RO) XI, Davao City, which found her guilty of Serious Dishonesty, Grave Misconduct, Conduct Prejudicial to the Best Interest of the Service, and Falsification of Official Documents, and imposing upon her the penalty of dismissal from the service with the accessory penalties of cancellation of eligibility, perpetual disqualification from holding public office, bar from taking civil service examinations and forfeiture of retirement benefits, except terminal/accrued leave benefits and personal contributions to the GSIS, if any, is AFFIRMED with MODIFICATION such that the offense of Falsification of Official Document is subsumed in the offense of Serious Dishonesty. A copy of the Decision shall be furnished the Commission on Audit-City Government of Mati, Davao Oriental, for its reference and appropriate action. [25] Respondent's partial motion for reconsideration was denied under Resolution No. 1800793 dated July 31, 2018. [26] Proceedings before the Court of Appeals In her Petition for Review [27] with the Court of Appeals, respondent argued that the charges against her should have been dismissed on ground of mootness. Prior to the filing of the complaint, she had already resigned fifteen (15) years ago from the position to which she got appointed using her spurious documents. She invoked good faith when she filled out her Personal Data Sheets dated March 9, 1989, April 19, 1989, April 25, 1991, September 3, 1992, September 16, 1994, and April 24, 2000. The CSC, through the Office of the Solicitor General (OSG), countered that the charges against respondent were not mooted by her resignation as Nurse II in 2002 since administrative offenses do not prescribe. Too, respondent's claim of good faith is devoid of merit. She failed to prove she had no participation in faking her nursing license as she even declared she was a duly registered nurse in her Personal Data Sheets for employment and subsequent promotion at the Davao Oriental Provincial Hospital. [28] Ruling of the Court of Appeals In its Decision [29] dated January 28, 2019, the Court of Appeals reversed, thus: WHEREFORE, premises considered, the petition is GRANTED. The assailed 20 February 2018 Decision of the Civil Service Commission in Case No. 180064 is REVERSED and SET ASIDE. Let a new decision be entered DISMISSING the administrative charges filed against petitioner Marilou T. Rodriguez contained in Case No. 180064 of respondent's 20 February 2018 Decision. Furthermore, petitioner Marilou T. Rodriguez is hereby REINSTATED to her post as Nurse II, Office of City Health Officer, City Government of Mati, Davao Oriental. Let a copy of this decision be furnished the Government Service Insurance System and the Office of the City H