G.R. No. 225151 - CIVIL SERVICE COMMISSION, VS. PETER G. CUTAO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, foregoing premises considered, the approval of the promotional appointments of Mr. Peter G. Cutao, as Police Officer III (PO3), Senior Police Officer I (SPO1), and Senior Police Officer II (SPO2) are hereby RECALLED. This order is without prejudice to the filing of an administrative complaint against Mr. Cutao for the offenses of Dishonesty and/or Falsification of Public Document. [21] To implement the ruling, the CSCRO wrote [22] Police Chief Superintendent Reynaldo Serrano Rafal, Director, PNP Regional Office No. XIII, Butuan, informing his office of the above-mentioned findings and urging him to issue an order, upon finality of the decision, reverting Cutao to his original position prior to all promotions and adjust his compensation accordingly. Aggrieved, Cutao appealed the CSCRO Decision No. LSD-NDC-12-006 to the Commission Proper (CSC Proper). [23] Ruling of the CSC Proper In Decision No. 120653 [24] dated October 2, 2012, the CSC Proper dismissed Cutao's appeal and upheld the invalidation of the subject promotional appointments. It explained that CSC Resolution No. 02­1288 [25] dated October 8, 2002 lists a bachelor's degree as among the qualification requirements for the positions PO3, SPO1, and SPO2. Inasmuch as CHED already declared that the transcript and CAV submitted by Cutao were not authentic, it follows that he does not possess the requisite educational attainment for the higher positions. [26] The CSC Proper gave more weight to CHED's declaration over Cutao's submissions, consisting of a certification issued by the AIT Registrar dated February 23, 2012, stating that he "had graduated from the Four-Year Course in Criminology leading to the degree of Bachelor of Science in Criminology x x x as of October 20, 1996." [27] In his subsequent Motion for Reconsideration, [28] he insisted that he graduated and obtained his bachelor's degree in Criminology from AIT. The discrepancies in his school records are "beyond his control" and "not his fault. [29] The CSC Proper summarized the documents submitted by Cutao to support his claims as follows: 1. Letter dated October 22, 2012 of Maria Delia M. Labado, AIT Registrar, addressed to Police Chief Superintendent Carmelo E. Valmoria praying for understanding and requesting that AIT be given time to prove that Cutao graduated [with] the degree of Bachelor of Science in Criminology on October 1996; 2. Letter dated October 23, 2012 of Labado addressed to the Regional Director, CHED Region XIII, stating that Cutao was enrolled in 1994 up to 1997 and that they are re-applying to re-check the form of Cutao in the issuance of Special Order; 3. Letter dated June 21, 2012 issued by Labado, attested by Elison O. Tacasan and Shirely T. Lim, AIT Dean and President, respectively, addressed to the Regional Director, CHED Region XIII, certifying under oath that Cutao has fully complied with the requirements for graduation for the degree of Bachelor of Science in Criminology as of October 1996; and